70-XRESOLUTION NO. 70-~
W H E R E A S, the City Council of the City of Boynton Beach,
Florida, has heretofore requested permission from the Florida East Coast
Railway Company to install subgrade eight (8") inch sewer main crossing and
three hundred fifty (350') foot parallel encroachment at Mile Post No. 311,
plus eight hundred twenty-eight (828') feet across and along said Company
right- of-way; and
W HE R E A S, said Company has prepared and submitted to the
City, a proposed form of License Agreement granting such request, a copy
of which is attached hereto and hereby made a part hereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, FLORIDA:
1. That the terms and conditions of attached License Agreement
are hereby accepted and the City Manager and the City Clerk of the said
City are hereby authorized to execute and enter into said Agreement for the
purposes and conditions set forth therein.
PASSED AND ADOPTED this ~O~kday of July, 1970.
ATTEST:
City Clerk
CORP. SEAL
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Councilman
Councilman
Form 221---R~,i~d---INot for Stock
THIS LICENSE AGREEMENT, Made and entered into, in duplicate, this ........ day of ......................
A.D., 19 .......by and between Florida East Coast Railway Company, hereinafter called "Railway" and
hereinafter called "Licensee", WITNESSETH: for the first year and $51.00 for
/ each year thereafter
That Railway, for and in consideration of the sum of :~?0.00/ and the covenants and agreements
of said Licensee hereinafter set forth, hereby give to Licensee the right and privilege to construct, in-
stall and maintain certain appliances or fixtures for such time hereafter as the Railway, in its discre-
tion, shall and may permit as follows:
An eight (8") inch cast iron force sewer ~ain crossi~ extending east and w~st
across Railway's right of way and under its tracks at a point located eight
hundred twenty-eight (82~') feet south from Eailway's Mile Post No. 311, as
measured fr~ Jacksonville, Florida, said subgrade sewer main to be encased in
75 feet of 16 inch steel casing pipe;
ALSO, a subgrade eight (8) inch cast iron force sewer main extending north, from
and at right angles to the above mentioned Mile Post location, for a dis%anc® ef
350 feet, being parallel with and eight (8') feet inside Railway's east right of
way line.
All as shown on print of plan as p~epared by Russell & Axon, Consulting Engineers,
Inc., dated June, 1970, given Railway's number 312-4-24, attached hereto and made
a part hereof.
And Licensee hereby covenants and agrees as follows:
1. That said appliance or fixture hereby permitted, shall be of the usual strength and fitness for the
purpose used and be put in a good and workmanlike manner. Ali construction or installation of all of
Licensee's appliances or fixtures shall be both commenced and completed within six menths from date
of this instrument and eo reported in writing by Licensee unto Railway within said six months or in
default thereof this License Agreement shall stand automatically terminated without any notice or
action by Railway.
2. That if said appliance or fixture is a pipe, to extend under the track of the Railway, the same
shall be located not less than 5.5 feet below the bottom' of ties in such tracks, and properly
safe-guarded as may be necessary or as required by Railway; and if it is a wire line to extend over the
tracks of the Railway, the same shall be located not less than .......... -feet above the rails, and the
poles carrying such wires shall be double-bracketed and of good and sufficient quality and size for pur-
pose used and located as hereinafter designated by the Railway and securely planted and fastened so ~s
to prevent the same from falling on the tracks or other property of the Railway or upon other wires on
the right of way. No other facilities of the Licensee shall be located upon any of the Railway's property
without its prior written permission.
PAF~ !
3. That if a license is hereby given for a telegraph, telephone or other signal line or line~, then any
crossing of the same over or under Railway's tracks, shall be constructed and maintained in ~ongormity
with Part One of Rules, Regulations and Specifications governing the construction and maintenance of
telegraph, telephone and other signal lines over or under the tracks of steam railroads in the Sttt~ of
Florida, adopted by Railroad Commissioners of the State of Florida, on May 7, 1924, effective August
1, 1924, and all amendments thereto.
4. And if a license is hereby given for an electric light or power line or lines crossing over or under
tracks of Railway, then such crossing shall be constucted and maintained in conformity with thc provisions
of the National Electrical Safety Code as set forth in Handbook H-43 of the National Bureau of Standards in
its present form or as subsequently revised,, amended plus additional facilities as Railway may require to pro-
tect all of its corflmon carrier railroad operations, using or on Railway's right of way subject to injury or
damage arising from the aforesaid location of Licensee's facilities.
5. The Licensee shall g'ithin thirty (30) days after date hereof, obtain all necessary permits, licenses
and franchises required by lag'. Whenever under this agreement Licensee's power lines cross or are located
within ................ feet from any lines or wires of any licensed communication utility on the right of way of
Railway Licensee shall at all times prevent interference in any way with the construction, maintenance or
operation of such crossed or adjacent telephone and telegraph wires, and in such event, Licensee shall adopt,
use and maintain the best known and most effective methods to protect the aforesaid telephone and telegraph
wires and lines from physical 15azard and inductive interference.
6. That said appliance or fixture of the Licensee shall not at any time interfere with or endanger
the track, roadbed, or other property of the Railway, or the operations, maintenance or improvements
of the Railway, or of any other party, thereon; and Licensee shall at its own expense, on notice from
said Railway, forthwith change, improve or repair such appliance or fixture as may be prescribed by
said Railway.
7. That if Railway in its discretion shall give notice in writing to Licensee of the cancellation
or termination of this agreement, Licensee will at its own expense within thirty days after giving of
such notice, remove said appliance or fixture of the Licensee from the right of way and property of
said Railway,
8. That upon Licensee failing to completely construct or install as provided in paragraph 1 or aban-
doning or ~easing to use a~d maintain said appliance or fixture herein specified, or upon the cancella-
tion and termination of this agreement as herein provided, or upon the accidental or other breaking of
said appliance or fixture causing damage or danger to the Railway's roadbed, tracks, or other property,
Licensee shall and will at once remove said appliance or fixture and restore the premises to its former
good condition or at once repair ~uch break or damage at its own cost and expense; and failing so to
do, the Railway may make such removal or restoration at the cost and expense of Licensee.
9. That Licensee shall and will cause due notice to be given to the Railway when Licensee or its
contractor or anyone claiming under Licensee, proposes to enter upon or cross the tracks, roadbed and
other property of the Railway with such appliances or fixtures or for excavations therefor, in order that
proper protection may be provided for trains.
I~AC~ 2
10. That Licensee, its successors, or heirs, and asigns, shall and will, at all times hereafter in-
demnify and save harmless Railway, from and against all suits, claims and judgments, and all
damage, costs, charges and expenses, which they may suffer, sustain or in anywise be subjected to,
either on account of loss or damage occurring to said Railway or to its roadbed, tracks, cars, engines
and other property, or any loss or damage occurring to said appliance or fixture or other property of
Licensee, or any loss or damage occurring to property of others, not party, to this agreement, whether
or not such p~operty be in the custody of Licensee or Railway, or on account of death, personal in-
juries or loss to any employee, whether of Licensee or Railway, or other person holding Railway re-
sponsible therefor, arising out of, resulting from, or in any manner caused by, directly or indirectly, the
location, construction, maintenance, operation or presence of the herein licensed appliance or fixture
of Licensee on the right of way and property of Railway. The indemnities herein provided shall ~in-
clude, but not be limited to, a~y loss, claim, damage, suit or judgment occasioned by automobiles, trucks
or other vehicles of any person whomsoever parked or operated on or near the Railway's tracks arising
out of, resulting from, or in any manner caused by, directly or indirectly, from use by the Licensee o!
the privileges herein given.
11. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by
Railway in supervising, protecting and restoring the property of the Railway by reason of operation
of Licensee.
12. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee
and none of the covenants or agreements herein contained shall be waived or modified except by both
parties hereto in writing and no alleged verbal waiver or modification shall be binding under any cir-
cumstances.
13. Licensee agrees to pay Railway, upon the execution and delivery of this agreement, the neces-
sary amount of documentary stamp taxes required to be affixed to this agreement under the laws of
the United States of America, the State of Florida, or both.
14. Licensee agrees that, if Licensee is herein required to pay unto Railway any spnlt~clf lrkoney as
~11.1.To_ O,.T.. ~.~1 ogv .
may be specified on first page hereof, Licensee will pay unto Railway the/l~f~9t?~6~/~ in
cash in advance for each year for which this agreement may be renewed or may remain in effect be-
.yond one year from date hereof. ~,
15. Licensee agrees that it will, at its expense, adjust its said facilities to any physiCal change
or additions made at any time by the Railway in its tracks, or the facilities on, or its property at this
location.
16. Licensee agrees that its facilities shall be installed and maintained by and at the expense of
Licensee in a manner that will not at any time be a danger to or interfere with the safe and efficient
operation of the Railway's tracks or equipment thereon, that such work shall be subject at all times to
th& approval of an authorized rel~resentative of the Railway.
17. If Licensee be a municipality or a public or quasi public corporation then it agrees that ~o
assessment or other charges of any nature whatsoever shall be levied or made against th~ Railway or
against its property on account of the installation or existence of Licensee's facilities at this location.
pAGE
18. Both parties hereto agree that the provisions of General Specifications
on three pages entitled, "GEneRAL REQUIREMENTS FOR PIPE CROSSINGS UNDER TRACES AND
ACROSS RAIL~AY'S RIGHT OF WAY FOR NON-FLAMMABLE SUBSTANCES", attached hereto and
made a part hereof shall apply to the work of and rights and privileges hereby
given to Licensee.
X XXXX'XX X X X X X X X XXX X X XX XX X X X X X X X XXXX XX XXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
IN WITNESS WHEREOF, The parties hereto have caused these presents to be duly executed in dupli-
cate the day and year first herein written.
Signed, sealed and delivered in presence of:
Witnesses as to Railway.
Witnesses az to Licensee.
Florida East Coast Railway Company.
~y: ......... .~ .................................. (Seal)
President.
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida.
.Dy.:_ ................ ~7s-F ....................... (sea~)
A~tas_t~ ...... ,__ ................................. (seal)
City Clerk
FLORIDA EAST COAST HAID~AY COMPANY
Office of Chief Engineer
GENERAL REQi~,[REME}~S FOR PIPE CROSSINGS UNDER TRACKS AND
ACROS,~ RAIII,IAY'S RIG}~ OF WAY FOR NON-FLAMMABLE SUBSTANCES
, plan and profile drawing containing all pertinent details for proposed crossing shall be
submitted to and meet the approval of the Chief Engineer before installation begins. Plan
shall show all information for carrier pipe and casing pipe, if used, and angle of crossing,
Railway survey station, or distance to nearest.mile post, right .of way lines, tracks and all
other Railway facilities near point of crossing. Profile shall show pipe line in relation to
actual profile of ground and tracks, proposed method of installation and location of Jacking
~it from center line of nearest track; open cut installation through Rsilway's roadbed will
not be permitted. When crossing is for a municipality or county, application shall be accom-
panied by a letter signed by an official of such municipality or county.
I. GRAVITY SEWER PIPES OR cULVERT PIPES
A. REINFORCED CONCEETE PIPE
Material Specification%
'Modified beil and spigot Or tongue and groove in acCordance with current A.S.T.M.
Specification C76 class IV for railway strength pipe or curren% specificamion for
prestressed concrete pipe.
Joint s:
Rub~e'r and steel Joint for prestressed pipe in accordance with curren% Lock Joint
Pipe Company Specification on SPS, or equivalent. Joints for bell and spigot and
T. and G. piPe to be in accordance with current'standard practice. Joints may be
made by using confined continuous rubber gasket~
CAST IRON PIPE
Material Specification:
For cover not greater than 8,~eet, pipe must conform to current A.S.T.M. Specifica-
tion A142 for "Standard PiPeW~
For'cove~ in excess of 8 feet, pipe must conform to current A.S.T.M. Specification
A142 for "Heavy Pipe".
Joints t ,
'--~and spigot caulked with lead and oakum, or an approved mechanical type.
CORRUGATED ML~TAL CULVERT PIPE(USED UNDER SECONDART ~"~RACK~ ONLY)
Material Specification: .
--Pipe shall be of a ~s'nufac%ure approved by Railway and shall be fully coated and
paved, and of proper gauge, ss recommended by the manufacturer, for Cooper's E60
railroad loading and depth of cover for proposed installation.
II. WATER PIPE
A. INTERNAL PRESSURE 1ESS THAN 30 LBS. PER SQUARE INCH
(1) CAST IRON PIPE
Material Specifications:
Pipe less than 36 inches in diameter and having cover less than 8 feet must
conform to current A.S.T.M. Specification A377 or equivalent for Class 50
pipe.
Pipe 36 inches in diameter or greater, or any pipe cover greater than 8'feet,
must conform to current A.S.T.M. Specification A377 for Class 100 pipe.
Joint s:
Bell and spigot caulked with lead and oakum or an approved mechanical type.
(2) STEEL PI
Material Specification:
"Current A.S.T.M. Specification A-120, Schedule
Pipe less than 2h inches in diameter to be galvanized pipe.
Pipe 2h inches in diameter or greater, to be black bituminous coated.
Joints:
All joints must be welded or of an approved mechanical type.
(3) PRESTRESSED REINFORCED CONCRETE PIPE
Material Specification:
Current Lock Joint Pipe Company Specification SP-~ or equivalent°
joints=
Rubber and steel Joints in accordance with current Lock Joint Pipe Company
Specification SP-~ or equivalent.
B. INTERNAL PRESSURE 30 LBS. AND OVER PER SQUARE INCH
(1) ~AST IRON 'PIPE
Ma{erial Specifics tio~':
Curr'ent ^'.'S.T.M. Specification A377, or equivalent, and of the proper
class required for the maximum pressure to be carried in the pipe line.
Joint s:
Bell 'and spigot caulked with lead and oakum or an approved mechanical type.
(2) STEEL PIPE
Material Specifications:
' Current A.S.ToMo Specification A-120, for the class required for the maximum
internal pressure to be carried in the pipe°
Pipe less than 2h inches in diameter to be galvanized.
Pipe 2h inches in diameter or greater to be black bituminous costed.
Joint s:
All joints must be welded or of an approved mechanical type.
(3) PRESTRESSED REINFOP£ED CONCRETE PIPE
Same as II-A-3 above.
III. CASING PIPE
A. INTERNAL PP~E~SURE LES8 THAN 30 LBS. PER SQUAPE INCH
(1)
Casing pipe is not required, but if used to facilitate installation of carrier
pipe through roadbed, must extend beyond center line of nearest track not less
than five feet plus twice the distance from bottom of tie to bottom of pipe,
but in.no case less than 20 feet from center line of nearest track. After carrier
pipe has been installed in casing pipe, ends of casing pipe must be sealed around
carrier pipe. If carrier pipe only is used, same clearances must be maintained
for Jacking pit.
B. INTERNAL PEESSURE 30 LBS. A~rD oVER PER SQUARE INCH
(1) Casing pipe is required and shall extend from right of way line to right of way
line of the Railway; ,my be open st both ends if local'conditions permit water
from leaks to discharge into drainage ditch or manhole. If this is not prsctic-
able, the casing pipe shall be sealed at both ends and s 4" relief vent provid-
ed st either end off the Rsilway's right of way, which shall discharge into
drainage ditch or sewer. Clearances for Jacking pit same as described in III-A-1
above.
C. CASI%~ PIPE SPECIFICATIONS:
(1) Casing pipe shall have s minimum inside diameter of six inches greater than
the maximum o,tsid-'di~eter of the c~-rrier pipe, including bell ends o~'-
flanges.
(2) Pip~ shall be in accordance with c,,rr~+. ~S~T.M~ ~o-~--+~ ~ ~ ~-~
shsii be protected by a black bituminous coating in accordance with current
A .R.E.A. Specification 1-4-13 for PROTECTION ~GAINST CORROSION. ~sll thickness
shall be in accordance with table below:
Diameter (Inches)
Thickness (Inches)
6 through 16 1/4.
22 & 24
26 & 28 7/16
35,32 & 34 1/2-
36 & 38 9/16
40 & 42 5/8
CA SING A ND CA PRIER PIPE
IV. GENERAL
(1) That portion of pipe, either casing or carrier pipe, extending through the
Railway,s roadbed and under its tracks shall be installed by boring-Jackim~
method approved by the-Chief Engineer of the Railway~ but in no case may the
nearest side of the boring or jacking pit be closer tha~ 20 feet from the center-
line of the nearest track. Remaining portion of pipe may be installed by ope~
trench method.
(21 Minimum cover 5 feet below the bottom of ties to top of pipe required for all
pipe.
(3. Backfill shall be thoroughly tamped in layers after pipe has been tested to
pressure of 1-1/2 times maximum working pressure and found to be tight.
-3--
90' HIGHWAY CROSSING
LAKE ST. 25' R./W.'
8" C.I.P. FM.'
MANHOLE
STEEL SLEEVE
PLAN
" SCALE: 1"-50'
5'-0"
'- 85' CASING PIPE
MANHOLE /1/ ~ 16" STEEL SLEEVE
"~ I,.t "' r~,,,o,~.,~ ~,~.?~
RUSSELL I~ AXON
CONSULTING ENGINEERS, INC.
JUNE 1970
I00' F.E.C. R/W
~,~UR TRACK
PROFILE
NOT TO SCALE
I. P. FORCE
MAIN
~GROUT
SEALED SLEEVE
F.E.C. PERMIT APPLICATION
RAILROAD .CROSSING
8" C. I. P. FORCE MAIN
(BORE 81 JACK)
CITY OF BOYNTON BEACH
BOYNTON BEACH, FLORIDA