06-220 Resolution No.06-220
RESOLUTION
AUTHORIZING EXECUTION OF LICENSE AGREEMENT#060705
WITH IOWA, CHICAGO AND EASTERN RAILROAD CORPORATION
REGARDING CONSTRUCTION OF A 16 INCH WATER MAIN
AT THE HPI-ELGIN EAST DEVELOPMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock,Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to
execute a License Agreement with Iowa,Chicago and Eastern Railroad Corporation on behalf of the
City of Elgin in connection with the crossing of railroad tracks for construction of a water main and
access road at the HPI-Elgin East Development(Mile Post MP 43.85), a copy of which is attached
hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: September 13, 2006
Adopted: September 13, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
LICENSE AGREEMENT#060705
IOWA, CHICAGO&EASTERN RAILROAD CORPORATION,hereinafter referred to as"Company",
hereby licenses CITY OF ELGIN, hereinafter referred to as "Licensee", subject to the terms and conditions
hereinafter set forth, to construct, install, maintain and use a 16" potable water line, hereinafter referred to as
"Facility",upon and across the right-of-way and property and under or over the tracks of the Company near MP
43.85, 660 feet west of culvert Z-130, Pingree Grove, IL, pursuant to request of the Licensee and in accordance
with the plan and in the location shown in yellow on map dated June 7,2005, attached hereto, made a part
hereof,for the sole purpose of supplying water.
The Company may, at its option and without liability to the Licensee, revoke this license at any time by
giving written notice thereof to the Licensee if the Licensee shall violate or breach any of the following terms
and conditions:
1. The Licensee will procure all necessary public authority for the construction, installation,
maintenance and use of said Facility and use said Facility in conformity with all requirements of
public authority.
2. The Licensee will pay all taxes and assessments that may be levied or assessed against said
Facility.
3(a). Said Facility shall be constructed, installed and maintained by and at the expense of the
Licensee, in a manner satisfactory to the Company.
3(b). The Company shall have the right at any time to judge the necessity of repairs to said Facility.
The Licensee will, within ten (10) days after written notice, make all necessary repairs at its
expense.
3(c). If, at any time the Company judges it necessary to change the location, elevation or method of
construction or installation of said Facility;the Licensee will do so at its sole expense.
4. Right of entry will be granted by the Company's representative upon request from the Licensee
or its contractor after the Company has received a copy of the Railroad Protective Liability
Insurance Certificate from the Licensee or its contractor and has notified the Licensee or its
contractor of approval for said insurance. Said insurance limits shall be$6,000,000.00 aggregate
limit and$2,000,000.00 each occurrence.
5. The Licensee agrees to pay the Company $15.00 per protective train order, per day, issued by
Company, for each train passing through or affected by said construction area when work
performed by Licensee or its contractor is within scope slated herewith:
A. Men, equipment, material, structures or any other obstructions are placed within 25 feet
laterally of the centerline of track;
B. Men,equipment, material,structures or any other obstructions working or placed at any
distance vertically from top of rail of said track, within 50 feet laterally of the centerline
of said track;
C. Protective train orders shall be issued until completion of construction to the satisfaction
of Company's Engineering Department.
D. Work outside of 25 feet from track centerline will be covered by protective train order.
6. The Licensee or its contractor agrees to pay the Company the actual costs of flagging services
P:\Engr\TMC\ICE\0607051icag.DOC
A* • •
work performed by the Company in manner stated herewith:
A. Flagging services performed per day-$300.00 or actual expenses,incurred by Licensee;
B. Flagding servirpc required when men, equipment, material, structures or any other
obstructions are placed within 25 feet laterally of the centerline of track;
C. Flagging sprvirpc rpq„irpd when men, equipment, material, structures or any other
obstructions are working or placed at any distance vertically from top of rail of said
track within 50 feet laterally of the centerline of said track;and
D. Flagging services are required on days of active construction by Industry or others at
said location.
7. The Licensee or its contractor agrees to notify the Engineering Department of the Company
(605-782-1551)48 hours prior to commencing any work on Company right-of-way.
8. In case of an emergency call 1-800-658-3551. A copy of this agreement must be in the
contractor's possession while performing work on job site and the contractor must be
prepared to produce it upon proper demand. No work will be permitted if a copy is not
available upon demand.
9. The Licensee assumes and agrees to protect, indemnify and hold harmless the Company, its
officers, agents, employees, invitees and other licensees, from and against any and all claims,
demands,suits,liability and expense by reason of loss or damage to any property whatsoever or
injury to or death of any person whomsoever, from any cause whatsoever, arising or growing
direct or indirectly out of said Facility.
10. This License is personal to the Licensee and is not assignable or transferable without the written
consent of the Company.
11. For the privileges herein permitted,the Licensee shall pay to the Company a onetime fee of Four
Hundred Fifty Dollars and no/100 ($450.00).
IN WITNESS WHEREOF, this instrument is executed at Sioux Falls, South Dakota this 1 0
day of �1 NCO. 2006.
ATTEST: IOWA,CHICAGO&EASTERN
RAILROAD CORPORATION
l/•••14*Aik.EXAL By: III■
Title: •S _11
•
1
The undersigned, the Licensee mentioned in the foregoing License, ACCEPTS the same subject to the
terms and conditions therein stated.
ATTEST: CITY OF ELGIN
By:
r„
Ed Schock
tr{.0) —e Title: Mayor
City Clerk
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Agenda Item No.
— City of Elgin
August 4, 2006 ;b
TO: Mayor and Members of the City Council
7
FROM: Olufemi Folarin, City Manager
Kyla B Jacobsen, Water System Superintendent
SUBJECT: License Agreement with Iowa, Chicago and Eastern Railroad Corporation for
Crossing Railroad Tracks for Construction of a Water Main and Access Road.
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to approve the execution of two license agreements with Iowa, Chicago and Eastern
Railroad Corporation for crossing their railroad tracks to construct a 16-inch water main (HPI
Elgin-East Development).
4104."" RECOMMENDATION
It is recommended that the City Council approve two license agreements in the amount of$900
with Iowa, Chicago and Eastern Railroad Corporation for use of their right-of-way for the
proposed installation of an underground 16-inch water main.
BACKGROUND
The Water Department Master Plan provides for a 16-inch water main from the Highland Water
Tank T-11 supplying HPI property. Cowhey Gudmondson, Leder, Ltd, designed the site work
improvement and water main extension for HPI Elgin-East development. Plans for the water
main extension to the 1.0 Million Gallon water tank indicate that the water main will be crossing
the rail track in two locations. One crossing is near Mile Post (MP 43.49), 1250 feet east of
culvert Z-130, Pingree Grove, Illinois identified by license agreement 060605. The second
crossing is near Mile Post (MP 43.85), 660 feet west of culvert Z-130, Pingree Grove, Illinois
identified by license agreement 060705.
The temporary access road to the site of the 1.0 MG Highland Avenue Water Tank T-11 crosses
the railroad at approximately near Mile Post (MP 43.49), 1250 feet east of culvert Z-130, Pingree
Grove, Illinois identified by license agreement 060605.
The license agreements stipulate that the City is authorized to cross the railroad's right of way in
40016, the above noted locations for a total fee of$900.00
k"
A
40.1.,,. Water Railroad crossing license agreement
August 4, 2006
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
F ANCIAL IMPACT
There are sufficient funds budgeted ($3,540,000) and available ($1,422,597) in the water portion
of the 2006 General Obligation Bond Fund, account number 365-4000-795.92-41; ($2,000,000
budgeted and $1,000,000 available) "Capital Addition — Distribution System," and the Water
Development Fund, account 420-0000-771.92-41 ($1,540,000 budgeted and $422,597.83
available), "Capital Additions — Distribution Systems, " project number 409651, to approve the
license agreements in the amount of$900 with Iowa, Chicago and Eastern Railroad Corporation.
N441\ILEGAL IMPACT
None
ALTERNATIVES
40/".
- 1. Approve the license agreements with Iowa, Chicago and Eastern Railroad Corporation.
2. Do not approve the license agreements at this time
Respectfully submitted for Council consideration.
KJ/PLB
Attachments