92-2W
RESOLUTION NO. 92 -2
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THEIR APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH CSX
TRANSPORTATION INC., FOR THE INSTALLATION AND
HIAINTENANCE OF A WATER PIPELINE WITHIN THE
RAILROAD RIGHT -OF -WAY AT LAURA STREET, IN
CLEARWATER, FLORIDA.
WHEREAS, the City of Clearwater has found it necessary to
install and maintain, for the purpose of conducting potable water,
a 6" Ductile Iron Water Main across the right -of -way and underneath
the tracts of CSX Transportation Inc.; and
WHEREAS, an appropriate agreement has been prepared;
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITE'' OF CLEARWATER, FLORIDA:
Section 1. The Mayor and the City Clerk are hereby authorized
and empowered to execute the agreement with CSX Transportation
Inc., a copy of which is attached hereto as Exhibit A, for the
purpose of installing and maintaining a 6" Ductile Iron Water Main
across the right -of -way and underneath the tracts of said Railroad,
at Laura Street, in Clearwater, Florida, as is more particularly
described in said agreement.
Section 2. This Resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 2d day of January , 1992.
ita Garvey
Mayor- Commissioner
Cy r Clerk ia. E. Goudeau
Ci
RMOLUT WJs
Rh 968(X)
171? -
�t CSXT Form 2037 -G -Sheet 1
,�GI Revised April 1989
?
RE -96800
JA30 \PT0425N2.91P
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 25th day of April, 1991, by and between
CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is
500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor"
and CITY OF CLEARWATER, a municipal corporation under the laws of the State of
Florida, whose mailing address is Post Office Box 4748, Clearwater, Florida
34618, hereinafter called "Licensee ", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of water only, hereinafter called
"Pipeline" under or across the track(s) and property owned or controlled by
Licensor at or near Clearwater, County of Pinellas, State of Florida, at a
point 2,266 feet northwardly measured along the center line of Licensee's main
track(s) from Licensor's Milepost SY -875, Clearwater Subdivision (Station
No. 1367 +80), hereinafter called the "Crossing "; as shown on print of
Licensee's Drawing attached hereto and made a part hereof; other details and
data pertaining to said Pipeline being as indicated on Licensee's Application
Form, dated August 7, 1990 (revised December 14, 1.990), also attached hereto
and made a part hereof:
NOW, THEREFORE, in consideration of the mutual covenants, conditions,
terms and agreements herein contained, the parties hereto agree and covenant
as follows:
1. LICENSE:
1.1 Licensor, insofar as it has the legal right, power and authority to
do so, and subject to:
(A) Licensor.'s present and future right to occupy, possess and
use its property within the area of the Crossing for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and
limitations applicable to Licensoe's title to or rights in the subject
property; and
(C) Compliance by Licensee with the terms and conditions herein
contained;
does hereby license and permit Licensee to construct, maintain, repair, renew,
operate, use, alter or change said Pipeline at the Crossing above for the term
herein stated, and to remove same upon termination.
1.2 The term I11pellIne, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
EX111111l11' Al
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CSXT Form 2037 -G -Sheet 2
Revised April 1989
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Lice375e00)atowar Licensor e
d the cost of
sun of THREE HUNDRED SEVENTY -FIVE U.S. DOLLARS ($
preparing and processing this Agreement.
2.2 Licensee shall also pay to Licensor a one -time license fee of ONE
HUNDRED U.S. DOLLARS ($100.00). License shall be revocable only in the event
of Licensee's default. License shall also end upon Licensee's cessation of
use for the purpose(s) above.
2.3 In any term, Licensee assumes sole responsibility for and, to the
extent permitted by State law, shall pay directly (or reimburse Licensor for)
any additional taxes and /or assessments levied against Licensor or Licensoe's
property solely on account of Pipeline or Crossing.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct, maintain,
relocate, repair, renew, alter, and /or remove said Pipeline, in a prudlicable
workmanlike manner, using quality materials and complying with any app
standard(s) or regulatiori(s) of Licensor, Licensee's particular industry,
A.R.E.A. Specifications, or any governmental body having jurisdiction over the
Crossing.
3.2 Location and coandrscecificationslfurnished t e strictly n
o and approved
accordance with design(s) P
Licensor.
3.3 All Licensee's work and to Licensor rights
aemannerrso asltoe
undertaken at time(s) satisfactory to
eliminate or minimize any impact on or interference with the safe use and
operation of Licensoe's track(s) and appurtenances thereto. In the
installation and /or said
Licensee
explosives of any type P
express written consent of Licensor. As a condition to such consent, a
representative will be assigned by Licensor to monitor blasting, and Licensee
shall. reimburse Licensor for. the entire cost and /or expense of furnishing said
monitor.
3.4 In further consideration far the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any manner,
be charged or assessed, directly or indirectly, with any part of the cost of
the installation of said Pipeline and appurtenances thereto which are on
Licensoe's property, and /or maintenance thereof, or for the public works
project for which pipeline and appurtenances are a part.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before ts solebcost. and
of the Crossing for the contracted purpose, mits or licenses from any federal,
expense, shall obtain all necessary p'
state or local public authorities having jurisdiction over the Crossing or its
J�w�
OSXT Form 2037 -G -Sheet 3
Revised April 1989
intended use, and, to the extent required by State law, shall thereafter
observe and comply with the requirements of such public authorities, and all
applicable laws and regulations and future modifications thereof.
4.2 Licensee assumes sole responsibility for failure to obtain such
permits or licenses, any violations thereof, or for costs or expenses of
compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline which are necessary to
protect or facilitate Licensee's use of its property shall be made by Licensee
promptly, but in no event later than ten (10) days after Licensee has notice
as to the need for such repairs or maintenance, whether or not said repairs or
maintenance result from acts of Licensee, or natural or weather events.
5.2 In the event of Licensee's failure to repair or maintain, or in the
event such repairs or maintenance generate cost or expense to Licensor
(including train delays and /or inability to meet train schedules), Licensee
shall be solely responsible for such failure, costs and expense, and, to the
fullest extent permitted by State law, Licensee shall reimburse Licensor such
costs or expenses as additional rents hereunder.
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the location,
depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling of
surface of land and roadbed of Licensor, and shall either remove any surplus
earth or material from Licensor's property or cause said surplus earth or
material to be placed and distributed at location(s) and in such manner as
Licensor may direct.
6.3 Upon removal of Pipeline, Licensee shall leave Licensor's property
in a condition satisfactory to Licensor.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and /or
maintenance result in the future raising or lowering of Licensor's tracks, or
in the event future use by Licensor of right -of -way and property (including
changes in or additions to Licensee's track(s) or other facilities)
CSXT Form 2037 -G -Sheet 4
Revised April 1989
necessitate any change of location, height or depth of Pipeline or Crossing,
Licensee, at its sole cost and expense and within twenty (20) days after
notice in writing from Licensor, shall make changes in Pipeline or Crossing to
accommodate Licensee's tracks or operations. Any alternative costs or
expenses incurred by Licensor to accommodate the continued use of Licensoe's
property by Licensee shall also be paid by Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensoe's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement or any public authority.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in any
manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or carrier pipe or change in
materials transmitted in and through said pipe), plans therefor shall be
submitted to Licensor for approval before any such change is made. After
approval the terms and conditions of this Agreement shall apply thereto.
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at any
time in the reasonable judgment of Licensor, causes: (a) interference
(physical, magnetic or otherwise) with Licensoe's power lines, communication,
signal or other, wires, train control system, or facilities; or
(b) interference in any manner with the operation, maintenance or use by
Licensor of its right -of -way, track(s), structures, pole line(s), devices,
other property, or any appurtenances thereto; then and in either event,
Licensee, upon receipt of written notice from Licensor of any such
interference, and at Licensee's sole risk, cost and expense, shall promptly
make such changes in its Pipeline as may be required in the reasonable
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licensee's Pipeline,
Licensor hereby reserves the right to inspect same and to require Licensee to
undertake repairs, maintenance or adjustments to Pipeline, which repairs,
maintenance or adjustments Licensee hereby agrees to make promptly, at
Licensee's sole cost and expense.
10. RISK, LIABILITY, INDEMNITY,
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and, to the fullest extent permitted by
State law shall at all times hereafter indemnify, defend and save Licensor
harmless from and against any and all liability, loss, claim, suit, damage,
charge or expense which Licensor may suffer, sustain, incur or in any way be
subjected to, on account of death of or injury to any person whomsoever
(including officers, agents, employees or itivitees of Licensor), and for
1- -
CSXT Form 2037 -G -Sheet 5
Revised April 1989
damage to or loss of or destruction of any property whatsoever (including
contents of Pipeline), arising out of, resulting from, or in any way connected
with the construction, repair, maintenance, replacement, presence, existence,
operations, use or removal of Pipeline or any structure in connection
therewith, or restoration of premises of Licensor to good order or condition
after removal, EXCEPT when caused solely by the fault, failure or negligence
of Licensor.
10.2 Use of Licensoe's property involves certain risks of loss or
damage as a result of Licensoe's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's Pipeline or Property (including contents of Pipeline) which may
result from fire or derailment arising out of Licensoe's rail operations. For
this Section the term "Licensee's Property" shall include property of third
parties situated or placed upon Licensoe's property by Licensee or by such
third parties at request of or for benefit of Licensee.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes all
risk of loss for Licensee's failure to maintain either the required clearances
for any overhead Pipeline or the required depth and encasement for any
underground Pipeline, whether or not such loss(es) result(s) in whole or part
from Licensoe's contributory negligence or joint fault.
10.1 Notwithstanding Section 10.1 or any other provision herein,
Licensee assumes all responsibility for, and agrees to defend, indemnify and
hold Licensor harmless from (a) all claims, costs and expenses, including
reasonable attorneys' fees, as a consequence of any sudden or nonsudden
pollution of air, water, land and/or ground water on or off the Crossing area,
arising from or in connection with the use of this Crossing or resulting from
leaking, bursting, spilling, or any escape of the material transmitted in or
through said Pipeline, and (b) any claim or liability arising under federal or
state law dealing with either such sudden or nonsudden pollution of air,
water, land and/or ground water arising therefrom or the remedy thereof.
11. INSURANCE:
11.1 Prior to commencement of surveys, installation or occupation of
Premises pursuant to this Agreement, Licensee shall procure, or require any
contractor(s) to procure, and shall maintain during the continuance of this
Agreement, at Licensee's sole cost and expense, a policy of Public Liability
Insurance or Commercial Liability Insurance, naming Licensee as insured and
covering liability assumed by Licensee under this Agreement. A coverage limit
of not less than THREE MILLION DOLLARS ($3,000,000) Combined Single Limit per
occurrence for bodily injury liability and property damage liability is
recommended as a prudent limit to protect Licensee's assumed obligations.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange or require its contractors to
arrange for adequate time for reporting losses. Failure to do so shall be at
Licensee's sole risk. If said policy does not automatically cover Licensee's
contractual liability during periods of survey, installation, maintenance and
continued occupation, a specific endorsement. adding such coverage shall be
purchased by Licensee or Licensee' contractor.
CSXT Form 2037 -G -Sheet 6
Revised April. 1969
11.3 Licensor may, at any time prior to commencement of construction on
the Project, request evidence of insurance purchased by Licensee or Licensee's
Contractor to comply with this requirement, and may demand that Licensee or
Licensee's Contractor purchase insurance deemed adequate by Licensor, but not
in excess of the insurance specified by this Agreement. Failure of Licensee
or Licensee's Contractor to comply with Licensor's demand shall be considered
a default by Licensee subject to Article 19. Securing by Licensee of
insurance hereunder shall not limit Licensee's liability under this Agreement,
but shall be additional security therefor.
11.4 Notwithstanding the provisions of Sections 11.1 and 11.3, Licensee
may self - insure in any amount(s) any (all) liability arising under this
Agreement.
12. GRADE CROSSINGS:
12.1 Nothing herein contained shall be construed to permit Licensee or
Licensee's contractor to move any vehicles or equipment over tracks) of
Licensor, except at public road crossing(s), without separate prior written
approval of Licensor.
13, FLAGGING:
13.1 I£ Licensor deems it advisable, during the progress of any
construction, maintenance, repair, removal, alteration, change or removal of
said Pipeline, to place watchmen, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at the
Crossing, Licensor shall have the right to do so at the expense of Licensee,
but but Licensor shall not be liable for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's railroad operating
rules and labor agreements, Licensee may provide flagmen, watchmen, inspectors
or supervisors, during all times of construction, in place of Licensor
provision, at Licensee's sole risk; and in such event, Licensor shall not be
liable for the failure or neglect of such watchmen, flagmen, inspectors or
supervisors.
14. LICENSOR'S COSTS:
14.1 Licensee's expense for wages ( "force account work ") and materials
for any war]: performed at the expense of Licensee pursuant hereto shall. be
paid by Licensee within thirty (30) days after receipt of Licenser's bill
therefor, subject to Licensee's budgetary rules.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and Unemployment
Taxes, force account insurance and vacation allowances for Licensor's
employees, and insurance and freight and handling charges on all material
used. Any equipment rentals shall be payable by Licensee in accordance with
Licensor's fixed applicable rate.
14.3 All undisputed bills or portions of bills not paid within said
thirty (30) days shall thereafter aceruc inte'et� t. at the highest rata
CSXT Form 2037 -G -Sheet 7
Revised April 1989
permissible by local law or twelve percent (12%) per annum, whichever is
lower. Unless Licensee shall have furnished detailed objections to such bills
within said thirty (30) days, bills shall be presumed undisputed.
15. TERMINATION, REMOVAL:
15.1 On or before termination of this Agreement, or within thirty (30)
days of cancellation or revocation, Licensee, at its sole risk and expense,
shall remove Pipeline from the property of Licensor, unless the parties hereto
agree otherwise, and shall restore property of Licensor in a manner
satisfactory to Licensor, and reimburse Licensor all loss, cost or expense
Licensor may suffer resulting from such removal_
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination, cancellation or revocation of this Agreement shall not affect any
claims and liabilities which may have arisen or accrued hereunder to or for
either party, and which at the time of termination, cancellation or revocation
have not been satisfied; neither party, however, waiving any defenses.
16. NOTICE;
16.1 Licensee shall give Licensor's Division Manager (5656 Adamo Drive,
Tampa, Florida 33619 - 3240) at least five (5) days' written notice before doing
any work of any character hereunder on Licensor's property, except that in
cases of emergency shorter notice may be given to Licensor's Division
Engineer.
16.2 All other notices and communications concerning this Agreement
shall be addressed to Licensee at the address above; and all other notices to
Licensor at the address above, c/o CSXT Contract Administration J180; or at
such other address as either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon actual receipt or upon date of refusal
of delivery.
17. ASSIGNMENT:
17.1 Licensee shall. obtain Licensor's written consent to any assignment
of Licensee's interest herein and shall reimburse Licensor for any loss, cost
or expense Licensor may incur as a result of Licensee's failure to obtain said
written consent.
17.2 Subject to Sections 2.1. and 17.1, this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective
successors or assigns.
1112 .1z
CSXT Form 2037 -G -Sheet 8
Revised April 1989
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to any
right, title or interest in Licensee to said property other than the license
herein created.
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely perform
any or all of said covenants or remedy any breach within thirty (30) days
after receiving a written notice from Licensor to do so, Licensor shall have
the option of terminating this Agreement, regardless of license fee(s) having
been paid in advance for any annual or other period, and of revoking the
privileges and powers hereby conferred upon Licensee.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a permanent
waiver of such covenant or condition, or any subsequent breach thereof, unless
such covenant or breach is permanently waived in writing by said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 Neither the failure of Licensor to object to any work done,
material used, or method of construction or maintenance of said Crossin
t any approval giver. or supervision exercised by Licensor, shall be construedoas
an admission of liability or responsibility by Licensor, or as a waiver by
Licensor of any of the obligations, liability and /or responsibility of
Licensee under this Agreement.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 Neither this Agreement, any provision hereof, nor any agreement or
provision included herein by reference, shall operate or be construed as being
for the benefit of any third person.
t 23. FORM, LAW, FORUM:
23.1. Neither the form nor any language of this Agreement shall be
interpreted or construed in favor of or against either party hereto as the
sole drafter thereof,
23.2 This Agreement is executed by all. parties under current
interpretation of any and all applicable federal, state, county, municipal or
other local statute, ordinance or law. however, cacti and every separate
I,2
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CSXT Form 2037 -G -Sheet 9
Revised April 1989
division (paragraph, clause, item, term, condition, covenant or agreement)
herein contained shall have independent and severable status from each other,
separate division, or combination thereof, for the determination of legality,
so that if any separate division herein is determined to be unconstitutional,
illegal, violative of trade or commerce in contravention of public reason,
that separate division shall be treated as a nullity, but such holding or
determination shall have no effect upon the validity or enforceability of each
and every other separate division, herein contained, or any other combination
thereof.
23.3 This Agreement shall be construed and governed by the laws of the
state in which the Pipeline is located.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate (each of which shall constitute an original) the date and year first
above written.
Witness(es) for Licensor:
Countersigned:
Rita Garvey
Mayor — Commissioner
Approved as to form
and correctnesE;
M. A. Galbraith, Jr.
City Attorney
CSX TRANSPORTATION, INC.
By
Title:
CSX Rail Transport
T.ICENSEE: CITY OF CLEARWATER, FLORIDA,
By:
Michael Wright
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
q'2 -
1
. 7455
Rev. 8 -1 -88
73-7 77 -3
APPLICATION FOR PIPELINE CROSSING /PARALLELISM UNDER /OVER PROPERTIES AND TRACKS
Plans for proposed installation shall be submitted to and meet the approval of the
ilroad Company before construction is begun. Material and installation are to be in strict
Cccordance with specifications of the American Railway Engineering Association and requirements
of CSX Transpportation. Original and four (4) copies of this form shall be submitted,
accompanied by five (5) lettersize prints of a drawing showing plan, elevation section of
crossing from field survey, location in respect to milepost, width of Railroad's right of way,
location of ad'acent structures affecting crossing, and all information required in Figures 1
and 2 of AREA specifications, Part 5 - Pipelines. If open cutting or tunneling is necessary,
details of sheeting and method of supporting tracks or driving tunnel shall be shown.
1. Complete Legal Name of Applicant City of Clearwater
Telephone: (813 )_462 -6970 _
2. Post Office Address P.O. Box 4748 City Clearwater ST FL Zip 34618
3. Partnership - name & initials all partners women - given and surnames before marriage
and present NJA '
4. If incorporated, name of state in which incorporated Florida
5. Location ?24t, feet hor-h_ (direction) from nearest RR Milepost SY87s V.S. LSf'r'li 8D
6. Nearest Station_ County: Pinellas State: Florida
7. Within limits of public highway? Yes X No If yes, show the road right of way on
print. DOT /AAR Crossing No. 1-7-4 F10 Y
8. Temporary track support or riprapping required? ( ) Yes (X ) No - Describe —_
9. Wires, poles, obstructions to be relocated? ( ) Yes (;<) No -:Describe
10. Product to be conveyed water Flammable? ( ) Yes (X ) No Temperature 80° F +
11. Max. Working Pressure 70 PSI. Field Test Pressure 150 PSI. Type Test Air
2. Location of shut -off valves 3o'c .)s! Va' west Of frACk.
PIPE SPECIFICATIONS: CARRIER PIPE CASING PIPE
Ductile Iron Steel
Material
Material Specifications & Grade ASA A21.6 API 5L, Grade
Min. Yield Strength of Hateriall PSI 21,000 35,000
Mill Test Pressure PSI 500 750
Inside Diameter 6.40 121
Wall Thickness .250 .375"
Outside Diameter 6.90 12.750"
Type of Seam Seamless Elec. Resist. [field
Laying Lengths 18' - 0" 40'
Rind of Joints Restrained Bell & Spigot $lectrical weld
Total Length Within RR R/W 50' 50'
Vents: Number 0 -- - -Size Hgt. above ground
Seals: Both ends 411A one end — _�✓14
Bury: Base of rail to top of casing_ 5 ft. 6 in.
Bury: (Not beneath tracks) 3 ft. 0 in.
Bury: (Roadway ditches) N/A ft. in.
CATHODIC PROTECTION: ( ) Yes ( X) No
PROTECTIVE COATING: ( ) Yes ( X) No Kind
Type, size and spacing of insulators or supports 12" x 6" elastic at 10' -0" snacinn_
14. Method of installation Jack and Bore
If application is approved, applicant agrees to reimburse the Railroad for any cost
incurred by the Railroad incident to installation, maintenance and /or supervision necessitate
by this pipeline installation, and further agrees to assume all liability for accidents or
juries which arise as a result of this installation. hould open cut installation be
4uired, a non - refundable charge of $ will P. required to resurface tracks.
Date August 7 1990 gnature c Tic Le of t �
i Signing pp icatior
s /Z0q"
William C. Baker Director of ( 813)L#62-6970
Please print or t +ape "+ s ^ ++ _ �T: t ice+ o -, h �.c�.
65C -17 -1990 12 :1� OM CITY OF CLW. 1= NGINEERING TO 9,'— '46220 F.06
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