HomeMy WebLinkAbout1976-001 Sewer System/UPRRI~O~UTrON NO. 1-76
WHE~J~ the City of Chubbuck, Idaho, has caused to be
constructe~amunicipal sewer system incorporating a system
of sewer pipelines, one of which crosses the right of way o~
the Oregon Short Line (Union Pacific) Railroad Company at a
point within the boundaries of the City of Chubbuck~
WHEREAS the ~ontinued, uninterrupted use of said pipeline
as part of ~hemunicipal sewer system is essential to the
health and welfare of the inhabitants of the City of Chubbuck
and other sub~lbers to the municipal sewer service~ and
WHERFJ~ the Oregon Short Line Railroad Company as
lessee from the Union Pacific Railroad Company has proposed
a form of contract suitable for the purposes of defining the
respective rights and responsibilities of the railroad and
the City with respect to said pipeline, except as noted
below~
NOW, THEP~FORE, BE IT P~ESOLVED BY THE MAYOR AND COt~CIL
OF THE CIT~ OF CHUBBUCK, IDAHO, that the contract specified
above, a ~opy of which is attached hereto and incorporated
herein, is hereby approved as written with the following
additional provisions~
1. That the obligation of the City to seek and
obtain appx~)val from the railroad's Division Engineer of all
plans for work in ~onnection with the pipeline shall be
deemed satisfied in connection with emergency maintenance or
repair if such plans are communicated in reasonable detail
under the circ~mst~nces to the Division Engineer or a good
faith effort to contact the Division Engineer for the purpose
of such ~,~unication has been made. An "emergency" within
the meaning of this provision shall mean a blockage, leakage
or other malfunction in the sewer pipeline which immediately
threatens ~he health and welfare of the affected subscribers
to the syste~or other inhabitants of the city.
2. That the railroad's right to change existing
track an~ stA~Actures or to construct, maintain and operate
such additional tracks or structures shall not be exercised
in a manner which affects the pipeline unless such effect
upon the pipeline cannot reasonably be avoided.
The Mayor of the City of Chubbuck is hereby authorized to
exerts the co~tract in form furnished by the railroad and
he shall cause to be inserte~ therein the sentence, "The
terms specifie~ in the City's adopting resolution are
incorpora~e~ herein."
PASSED BY THE CITY COUNCIL AND APP~R~,VED BY THE ~YOR of
the City of Ch~ck, Idaho, th~s o~Jd-~-~ day of
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