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HomeMy WebLinkAbout1998-370ORDINANCE NO -71 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PIPELINE LONGITUDINAL ENCROACHMENT AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR A POTABLE WATER PIPELINE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Pipeline Longitu- dinal Encroachment Agreement with Union Pacific Railroad Company for a potable water pipe- line, which is attached hereto and incorporated by reference herein SECTION II That the expenditure of funds as provided in the Agreement is hereby authorized SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the � day of 1998 JACK R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY 3 ASITO LEGAL FORM L PROUTY, CITY ATTORNEY F \shared\dept\LGL\Our Documents\Ordin inces\98\98 Water Pipeline doe �_f i�,r)/i1__ PLE DOC 940207 Form Approved, AVP-Law SECOND REVISED PIPELINE AGREEMENT LONGITUDINAL ENCROACHMENT Folder No 924 99 AUDIT 0 -7 -2,50 Mile Post Opposite 719 50 and 719 51, Choctaw Subdivision Location Denton, Denton County, Texas THIS AGREEMENT is made and entered into as of the 2'ea), day of ltlglea-er 199A by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the Licensor) and CITY OF DENTON, a municipality to be addressed at 215 E McKinney Street, Denton, Texas 76201 (hereinafter,the Licensee) IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS ARTICLE 1 - LICENSE FEE 8• ADMMISTRATIVE HANDLING FEE Upon the execution of this agreement, the Licensee shall pay in advance to the Licensor a one-time license fee in the sum of FIVE THOUSAND DOLLARS ($5,000 00) Upon the execution of this agreement, the Licensee shall pay in advance to the Licensor a one -tune administrative handling fee of FIVE HUNDRED DOLLARS ($500 00) ARTICLE 2 - LICENSOR GRANTS RIGHT hi consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate an underground 24" potable water pipeline crossing at Mile Post 719 51 and a 30' x 7' crown span box culvert encroachment at Mile Post 719 50 (hereinafter called the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated January 24, 1997 and marked Exhibit A and print dated July 1, 1998 and marked Exlu'bit A-1 Under no circumstances shall Licensee modify the use of the pipeline for a purpose other than conveying potable water, and said pipeline shall not be used to convey any other substance, any fiber optics, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this agreement The grant of tight herem made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth harem and in Exlubtt B, hereto attached 924 99 ple Articles of Agreertwnt October S, 1998 Page I of 4 PLE DOC 940207 Folder No 924 99 Form Approved, AVP Law OWWWRIF 1 If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's form contractor's Right of Entry Agroemant Licensee acknowledges receipt of a copy of Contractor's Rieht of F&U Agreement and understanding its term, provisions and requirements, and will inform its contractor of the need to execute the Agreement Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without fast executing the Contractor's Right of E= Agreement ARTICLE 5 - INSURANCE The Licensee, at the Licensee's own sole cost and expense, shall provide to the Licensor a Certificate of Insurance certifying to the effectiveness of insurance as follows a) General Public Liability providing bodily mlury and property damage coverage with combined single lout of at least $1,000,000 each occurrence, a portion of which may be self -insured with the consent and approval of the Licensor The Licensee will also provide to the Licensor a Certificate of Insurance issued by its insurance carer confirming the existence of such insurance and that the policy or policies contain the following endorsement Union Pacific Railroad Company is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the Pipeline located on the Railroad right-of-way at Mile Post opposite 719 50 on the Choctaw Subdivision at or near Denton, Texas b) Such insurance shall be endorsed to provide contractual liability assumed by the Licensee under this Agreement, and that coverage shall not be cancelled or changed without giving thirty (30) days' prior written notice to Folder No 924-99 Union Pacific Railroad Company 1416 Dodge Street, Room 1100 Omaha, Nebraska 68179 c) if the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the hours of insurance described above shall be the hours the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self insured with the consent and approval of the Licensor ARTICLE16 - TERM Tins Agreement shall take effect as of the date first herem written and shall continue in full force and effect until terminated as herem provided ARTICLE 7 - SPECIAL PROVISIONS Railroad's Manager of Track Maintenance must be contacted before construction begins to make arrangements to close track City of Denton will bear all cost associated with closing, removing and replacing track 924 99 pre Articles of Agreement October 8,1998 Page 2 of 4 FILE DOC 940207 Form Approved, AVP-Law ;.ii 1.34al oI Dieu1 i II Folder No 924-99 Sections 7 (b) and 10 of Exhibit B, hereto attached are hereby amended to read as follows Section 7(b) in addition to other indemnity provisions in this agreement, the Licensee shall indemnify and hold harmless the Licensor from and against all costs, liability and expense whatsoever (including, without hnutation, attorney's fees, court costs and expenses) ansmg out of any act or onussion of the Licensee, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Licensor's property, and (2) any injury to or death of any person employed by or on behalf of any telecommunications company and/or its contractor, agents and/or employees, on Licensor's property Licensee shall not have or seek recourse against Licensor for any claim or cause of action by alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property Section 10INDEMNHY As used in this Section, "Licensor" includes other iailroad companies using the licensor's property at or near the location of the Licensee's installation and their officers, agents and employees, "Loss" includes loss, damage, clauns, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorney's fees which may result from. (a) injury to or death of persons whomsoever (including the Licensor's officers, agents and employees, the Licensee's officers, agents, and employees, as well as any other person), and (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody) As a major inducement and in consideration of the license and permission herem granted, the Licensee agrees, to the extent permitted by law, to indemnify and hold harmless the Licensor from any Loss which is due to or arises from 1 The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof, or 2 The presence, operation or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor 924-99 pie Articles of Agreement October 8, 1998 Page 3 of 4 PLB DOC 940207 Form Approved, AVP-Law Folder No 924-99 IN WITNESS WHEREOF, the parties hereto have caused tlus Agreement to be executed in duplicate as of the date first hemm written UNION PACIFIC RAILROAD COMPANY By Sr. Manager U01VUSS WITNESS A Wu1rt X-- 924-99 ple Articles of Agreement October 8, 1998 Page 4 of 4 GRAHAM ' too t 100't OF 20" DUCTILE IRON WATER IN 100' OF 28" STEEL PIPE, DRY BORE UNION FIBER OPTIC CABLE I PACIFIC 0 CALL BEFORE YOU DIG A 1-800-336-919310 11 12 ^ 8 — INDUSTRIAL 0 4 ti 13 14a 14 15 �oM 16 17 ci ,yo N 04 0o tz 1 to P 10 9 13 Ih N ,VO h T-73 z 9 � M �w h 1 ! 1`G � T ~1 N 7 cv i ol n ti h I ti. TQjQAho Wr`� •p a ,w � Q _GI y i 7 0 EXHIBIT "A' UNION IPACIEFIC R&LROAD CO I TO ACCOMPANY AGREEMENT WITH CITY OF DENTON DENTON, DENTON COUNTY, TX M P 719 6t CHOCTAW SUB MP TX V 9 /S-10 1T061BS10) REAL ESTATE DEPTARTMENT OMAHA NE FILE 924-99 DATE 10-5-98 T D A 008=18�fBi6�:s g����B������v HM w. DENTON-ENG-DEFT- ,.ua0•0ac•o .�Og. PORN DR-6104-1 yVA¢ AWN IIDMATIIO HUM REV. LB-10 97 gp1ECTION RD.ATI* TO 1, Diet Na�.�° j ENCASED NON-FLAMMABLE IApgovorj I CASINO I WILL I q1¢�, I vAPP6 ■o-- 51ZPT. wig SON Ll OR TMNSMISSION Iit i1 s�� i A/oppllg�lNlM 6 �111L61�iS r OTNER� anovam i rho" 01 AC raM . S PIPELINE CROSSING NOTE. ALL AWAILPBLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION' LN1�a6 y,II�L Tti1'►P,rlb �YeNe R•0,14 Reap me i•Ol. gOT1� �lP.`��j at OLMMM as. OR B Nn�Nai mom= WW"" o wo • wwra TB Pima asD. n 1P WITH MnL IFp0Bwr0 now TAW O' �L s ew M1N. 01 — .M w kw ~l I 1 PACIFIC RAILROPO CO. CH E.S. {bo ENCASED JpIAMLEALLr1ECROSSING Or, nLTen1 A�N'RIa TX Ivgo �ww RR FILE NO• W��M1% a rerrr es.nO I ow w AMIN QM e rN rir11 " riwBDi «e MPN . #i=-Mmm Form Approved, AVP-law EXHIBIT B Section I. LINITA11gV-RAND SUBORDINATION OF RIGHTS GRANTED. continuing(righthand obligation of therant of right Licensorsto3use and maintain its tenth epproperty including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics or other wirelines, pipelines and other facilities upon, along or across any or all parts of its proppeerty9, all or any of which Trey be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The foregoing rant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the sane, and is made without covenant of title or for quiet enjoyment Section 2. CONSTRUCTION. MAINTENANCE AND OPERATION (a) If the Wireline or any part thereof is to be located above the top of the rails of any track or ccmiunication and signal lines, including static wires, overhead clearance provided by the Wireline shall be no less than that shown on Exhibit A The Wireline shall be constructed, operated, maintained repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity wits the Specifications prescn bed in the current issue of the National Electrical Safety Code of the American National Standards Institute. In the event such Specifications conflict in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specifications shall apply. construction, maintenance, repairir,orenewal, modfthe ficatLicensor on ororeconstruction oion fith thetWireline shall be done under the supervision and to the satisfaction of the Licensor above provisionsfofhthisrSection52, tee lLicensee shall, withinnninetyt(90)ndayscaftertthe date hereof, reconstruct it so as to conform therewith (d) The Wireline shall be constructed, maintained and operated bithe Licensee in such manner as not to be or constitute a hazard to aviation. With respect to the Wireline the Licensee, without expense to the Licensor, will comply with all requirements of law and of Public authority, whether federal, state or local, including but not limited to aviation authorities (a) In the operation of the Wireline, the Licensee shall not transmit electric current at a difference of potential in excess of the voltage indicated on Exhibit A If the Voltage indicated is in excess of six hundred (600) volts, and the Wireline is, or is to be, buried at any location on the property of the Licensor outside track ballast sections or roadbed, the Licensee shall install metallic conduit, or non-metallic condut of it encased in a entirre lenfgthrof the Wirel no o(5) inches of n the p operay oncrete with a fithe Liicensof oor. (A)Wirelins buried by rein al of the soil shall have, at a depth of one (I) foot beneath the surface of the ground directly above the Wireline, a six (6) inch wide warning tape bearing the warning, "Danger -High Voltage," or equivalent wording A Wireline encased in conduit, jacked or bored under the property of the Licensor, must be identified by placing warning signs to be installed and properly maintained at the expense of the Licensee, at each edge of the Licensor's property. The Licensee shall not utilize the signs in lieu of the warning tape where portions of the casing are installed by direct burial. Section 3 NOTICE OF C"ENCEMENT Of WORK lf an oticnrdarise eLioIefoiattention,shall lprovide,asmuch notice as practicable to censrbforecoin ecinganywokIn all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the cam ricement of any work upon property of the Licensor In connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Wireline All such work shall be prosecuted diligently to completion Exhibit B Page l of 0409n section 4 LICENSEE TO BEAR ENTIRE EXPENSE The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification revision, relocation, removal or reconstruction of the Mireline, including any and all expense which may be Inqurred by the Licensor in connection therewith for supervision or inspection, or otherwise Section 5 RELOCATION OR REMOVAL OF NIRELINE. (a) the license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of Its property, and the Licensee shall, at the sole expense of the Licensee, move all or any portion of the Nirelmne to such new location as the licensor may designate, whenever in the furtherance of Its needs and requirements, the licensor shall find such action necessary or desirable. (D) All the terms conditions and stipulations herein expressed with reference to the Mmreline on property of The Licensor in the location heremnbefore described shall, so far as the Nmrelmne remains on the property apply to the Nmrelmne as modified, changed or relocated within the contemplation of his section Section 6. INTERFERENCE. In the operation and maintenance of the Nirelmne the licensee shall take all suitable precaution to prevent any Interference (by Induction, leakage of electricity, or otherwise) with the operation of the signal, communication Imes or other Installations or facilities of the Licensor or of Its tenants and if, at an Y time, the operation or maintenance of the Nirelmne results in any electrostatic effects which the Licensor deems undesirable or harmful, or causes Interference with the operation of the signal communication I ines or other Installations or facilities, as now existing or which may hereaf{er be provided by the Licensor and/or Its tenants, the Licensee shall, at the sole expense of the Licensee, inriledmately take such action as may be necessary to eliminate such interference Section 1 PROTECTION OF FIBER OPTIC CABLE SYSTEMS (a) Fiber optic cable systems may be buried on the Licensor's property Protection of the fiber optic cable systerns is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits Licensee shall telephone the Licensor at 14=-336-9193 fa 24-hour number) to determine if fiber optic cable Is buried anywhere on the Licensor's premises to be used by the Licensee If it is, Licensee will telephone the telecommunications company(mes) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor's premises addition to other indemnity provisions in this Agreement the Llcen I indemnify and ho the Licensor from and against all costs, Ilabih1t pense whatsoever (including, wit tion, attorney s fees, court co expenses) arising out of any act or omission of the Lic s contractor �e and/or employees, that causes or contributes to (I) any damage to or }�r"f any telecommunications system on Licensor's proppeerty, and (2) any injury t r-dESfh of a n employed by or on behalf of any teiecomunications calpany s contractor, agents an o ees on Licensor's properti Licensee shal ve or seek recourse against Licensor for a or cause of action dy all o profits or revenue or loss of service or other consequen to a t ication company using Licensor's property or a customer or user of services of r optic cable on Licensor's property Section 8 CLAIMS AND LIENS FOR LABOR AND MATERIAL (a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon propert of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Mireline, and shall not permit or suffer pn mechanic's or materialm an's Imen of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the licensee The licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. (b) The licensee shall promptly pay or discharge all taxes, charges and assessments levied upon in respect to, or on account of the Nirelmne, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Nmreline or any improvement, appliance or fixture connected Exhibit 8 Page 2 of 4 WL x 880206 Form Approved, AVP-law therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately mrede or assessed to the licensee but pshaltibe included in the assessment of the property of the Licensor, then the Licensee shall Licensee's property upongproperty of theiLicensorcastcoompared withetheyentireavaluefofhsuch property Section 9. RESTORATION OF LICENSOR'S PROPERTY In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or mn any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, mmxti to cation, reconstruction, relocation or removal of the Wireline, then in that event the Licensee shall, as soon as Possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was movedior disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, penalties) claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury death, damage, loss or destruction grows out of or arises from the taking down of any lance or the moving or disturbance of any other property of the Licensor Section 10 INDEMNITY. used in this Section, "Licensor" includes other railroad companies usinge Licensor's Pr ty at or near the location of the Licensee's installation and the ffmcers, agents, and arglo "loss" includes loss, damage, claims, demands, actions ses of action, penalties, co and expenses of whatsoever nature, including co osts and attorneys' fees, which ma suit from (a) injury to or death of per whomsoever (including the Lrcensor's of s, agents and mgloyees, the Li s officers, agents, and employees, as well as any oth rsonS, and (D) damage t loss or destruction of property whatsoever (including Licen ' property, darts the roadbed, tracks, equipment, or other property of the Licensor, or pr ty in its a or custody) As a major inducement and in consid of the license and permission herein granted, the Licensee agrees to indonnif hold h ass the Licensor from any Loss .vhich is due to or arises from I The prosecutio any work contemplated by this nt including the installat construction, maintenance, repair, men modification, recon tenon, relocation, or removal of the Wirelina or part thereof, or ence, operation, or use of the Wireline or electric curre conduc�ed or escaping therefrom, to the extent that the Loss is caused by the sole and direct negligence of the Li Section II REMOVAL OF WIRELINE UPON TERMINATION OF AGREEMENT Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Wireline from the property of the Licensor and restore such property to as good a condition as it was in before the Wireline was originally constructed, all under the supervision and to the satisfaction of the Licensor If the Licensee fails to do the foregoing, the Licensor may perform the work of removal and restoration at the expense of the Licensee The Licensor shall not be liable to the Licensee for any dange sustained by the Licensee as a result of the removal of the Wireline by the Licensor as in this section provided, nor shall such action prejudice or impair any right of action for damages or otherwise that the Licensor nay, at the time of such removal, have against the Licensee. Section 12. WAIVER OF BREACH The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any subsequent breach thereof Exhibit B Page 3 of 040911 K X 880206 Form Approved, AVP-law Section 13. 1ERMINA)ION. (a) If the Licensee does not use the right herein granted or the Nireline for one agreyemaAt heref ntcontainedeforoatperiodion fdthirty (30)hdaysrafteerrnwritten notice fromothe Licensor to the Licensee specifying such default, the Licensor may, at Its option, forthwith imnediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party ere o to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination may be served personally upon the Licensee or by nailing to the last known address of the Licensee termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liability, accrued or otherwise, which may have arisen prior thereto, Section 11 AGREEMENr Not r0 8E ASSIGNED. herein granted,iwithoutee sthelwrittensconsent ofgtheeLicensor,�hand it is ae or in greed thatantransfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in wn ting, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section IS SUCCESSORS AND ASSIGNS. and inure totheofotheipartiesshereto,lTheireheirs,iiexecutors. adminisnt shall trators, upon successors and assigns Exhibit B Pa/ of 0 041 R D Uhnch Assistant Vice President J A Anthony Director Contracts D D Brown Director Real Estate M W Casey General Director Special Properties J P Gade Director Facility Management PAUL WILLIAMSON CITY OF DENTON 221 N ELM DENTON TX 76201 Dear Mr Williamson UNION PACIFIC RAILROAD COMPANY Real Estate Department 1800 Famam Street Omaha Nebraska 68102 Fax (402) 997 3601 November 6, 1998 Folder No 924-99 J L Hawkins Director Operations Support M E Heenan Director Administration a Budgets D H Ughtwme Director Real Estate T K Love Director Real Estate Attached is your original copy of the Pipeline Encroachment Agreement, fully executed on behalf of the Railroad Company If this constmction is to be done by a contractor, before work can begin, the Contractor's Right of Entry Agreement must be executed by the contractor and returned to me, together with their proof of insurance, as provided in Article 5 of this agreement The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas Prior to using the Railroad Company's property covered herem, you should thoroughly review the terms and conditions of the documents and contact the Railroad Company at 1-800-336-9193 to determine if a fiber optic cable is buried on the subject property When you or your representative enter the Railroad Company's property, a copy of this fully -executed document must be available at the site to be shown on request to any Railroad employee or official All Insurance Certificates, if required by the agreements, should be forwarded to me Folder No 924-99 Director - Contracts Union Pacific Railroad Company 1416 Dodge Street, WP001 Omaha, Nebraska 68179 In order to protect the Railroad Company's property as well as for safety reasons, it is imperative that you notify the Railroad Company's Manager of Track Maintenance and the Communications Department RICHARD MAXWELL, MTM UNION PACIFIC RAILROAD Fiber Optics Hot Line 606A BELL PLACE 1-800-336-9193 DENTON TX 76201 (817)387-6213 (817) 994-7667 Cellular distpl Itr a nu mum of forty-eight (48) hours in advance of any construction on, along, or across the Railroad Company's right- of-way and/or tracks Sincerely yours, JOAN M PREBLE CONTRACT -REPRESENTATIVE dtstpl Itr