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1980-076
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Last modified
2/28/2023 11:34:06 AM
Creation date
2/28/2023 11:33:47 AM
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Resolutions
Resolution Number
1980-076
Approved Date
07/30/1980
Resolution Type
License Agreement
Subject
License Agreement with FEC Railway for water main crossing at 12th Street
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40 <br />G` <br />•6 <br />3. That if a license is hereby given for a telegraph, telephone or other signal <br />line or lines, then any crossing of the same over or under Railway's tracks, shall be <br />constructed and maintained in conformity with Part One of Rules, Regulations and <br />Specifications governing the construction and maintenance of telegraph, telephone and <br />other signal lines over or under t•ho tracks of steam railnxids in the State of Florida, <br />adopted by Railroad Commissioners of the State,of Florida, on May 7, 1924, effective <br />August 1, 1924, and all amendments thereto. <br />4. And if a license is hereby given for an electric light or power line or lines <br />crossing over or under tracks of Railway, then such crossing shall be constructed and <br />maintained in conformity with the provisions of the National Electrical Safety Code <br />as set forth in Handbook H-43 of the National Bureau of Standards in its present form <br />or as subsequently revised, and also in conformity with additional requirements of the <br />Railway to protect its additional facilities located on the Railway's right of way <br />and which are subject to injury or damage arising from the aforesaid location of <br />Licensee's facilities. <br />S. The Licensee shall within thirty (30) days after date hereof, obtain all <br />necessary permits, licenses and franchises required by Law. Whenever under this. <br />agreement, Licensee's power lines cross or are located within ----- feet from any lines <br />or wires of any licensed communication utility on the right of way of Railway, Licensee <br />shall at all times prevent interference in any way with the construction, maintenance, <br />or operation of such crossed or adjacent telephone and telegraph wires, and in such <br />event, Licensee shall adopt, use and maintain the best known and most effective methods <br />to protect the aforesaid telephone and telegraph wires and lines from physical hazard <br />and inductive interference. <br />6. That said appliance or fixture of the Licensee shall not at any time interfere <br />with or endanger.the.track, roacbed, or other property of the Railway, or the operations, <br />maintenance or improvements.of the Railway, or of any other party thereon; and Licensee <br />shall at its own expense, on notice from said Railway, forthwith change, improve or <br />repair such appliance or fixtures as may be prescribed by said Railway. <br />7. The Railwavreserves the right to cancel this license agreement upon thirty <br />(30) days written notice and licensee will, at its own expense, within the afore- <br />mentioned thirty (30) days, remove any and all said appliances and/or fixtures of the <br />licensee from the right of way and property of said Railway. <br />8. That upon Licensee failing to completely construct or install as provided in <br />Paragraph 1 or abandoning or ceasing to use and maintain said appliance or fixture <br />herein specified, or upon the cancellation and termination of this agreement as herein <br />provided, or upon the accidental or other breaking of said appliance or fixture <br />causing damage or danger to the Railway's roadbed, tracks, or other property, Licensee <br />shall and will at once remove said appliance or fixture and restore the premises to <br />its former good condition or at once repair such break or damage at its own cost and <br />expense; and failing to do so, the Railway may make such removal or restoration at <br />the cyst and expense of Licensee. <br />9. That Licensee shall and will cause due notice to be given to the Railway when <br />Licensee.or its contractor or anyone claiming under Licensee, proposes to enter upon <br />or cross the tracks, roadbed or other property of the Railway with such appliances or <br />fixtures er for excavations therefor, in order that proper protection may be provided <br />for trains. In addition to the terms of Paragraphs 3 and 4, any subgrade or above <br />grade crossing of the Railway's right of way is subject to the terms of the "General <br />Specifications for Subgrade and Above Qrade Crossings of the Railway's Right. -of -Way" <br />issued by the Office of Chief Engineer, Florida East Coact Railway Company, the terms <br />and conditions of which are incorporated herein by reference. <br />Page 2 <br />
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