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TENTATIVE FORM OF LICENSE FOR PRIVATE ROAD
CROSSING E. L. TAYLOR, Chairman, Sub-Committee. The work assigned to Sub-Committee was: (a) Submit form of agreement for private road crossing. (b) Submit form of agreement for purchase of electricity.
1. It was understood that Sub-Committee would prepare a form of agreement for private road crossings which would be suitable for crossings over, under or at grade.
The Sub-Committee prepared such a form and it was submitted to the General Committee at its December meeting. The form recommended by the Sub-Committee was substantially satisfactory with a few minor changes but there was so much divergence of opinion on the liability clause that it was deemed best not to submit final form and to carry it over for further consideration next year. Progress report form submitted below.
2. Sub-Committee prepared tentative form of agreement for purchase of electricity but it was decided to hold it over until next year for submission to the Committee on Electricity, as their opinions and suggestions are desirable and necessary.
TENTATIVE FORM OF LICENSE FOR PRIVATE ROAD
(Submitted as Progress Report) The ...
hereinafter called the Railway Company, hereby gives to hereinafter called the Licensee, the license and privilege of constructing, maintaining
an overhead ... over
and using a grade crossing over the lands and right-of-way and across the tracks... an undergrade
under of the Railway Company situated 2. The Licensee shall pay to the Railway Company as consideration for said license and privilege, the sum of on the .... ....day of every
and substantially as shown on the plan hereto attached, designated as..... and dated
and made a part hereof: 1. The term of this License shall date form
19. and shall continue until terminated by a written notice given by either party to the other at least
days prior to the date of termination.
during the continuance of this license, and pro rata for a shorter period; 'a proportionate part of said consideration to be refunded to the Licensee in case of termination hereof by the Railway Company prior to the date to which the consideration shall have been paid.
3. The Licensee shall, at its own expense, construct and maintain said crossing in compliance with all statutory regulations and to the satisfaction of the Railway Company, and under the Railway Company's supervision and direction, and, except in case of emergency, shall do no work with reference to the maintenance of said crossing except under such supervision and direction, and after reasonable notice in writing to the Railway Company. The Railway Company may, at its option, construct and maintain said crossing and in such event, the Licensee shall pay to the Railway Company the entire cost and expense of all labor performed and materials furnished by the Railway Company in constructing and maintaining said crossing.
4. The Licensee shall provide and maintain such protection by signs or otherwise as the Railway Company may consider necessary.
5. The Licensee shall permit said crossing to be used only by the Licensee's agents and servants and by persons having business with the Licensee.
*6. Liability Clause.
7. The Licensee shall on request of the Railway Company remove said crossing from the premises of the Railway Company or make such changes in said crossing as may be required by the Railway Company, if such removal or changes shall in the judgment of the Railway Company be needed in connection with the development or use of the premises of the Railway Company. The Railway Company may, at its option, do such work and in such event, the Licensee shall pay to the Railway Company in connection with such work.
IN WITNESS WHEREOF, the parties hereto have executed their agreement to this license, this
day of 19.......
*Note-On account of different opinions in the Committee no tentative form of liability clause is submitted with this report. This will be submitted later.
J. J. YATES, Chairman;
JOB TUTHILL, Vice-Chairman,
To the American Railway Engineering Association:
The Committee presents reports on subjects 1, 3, 6 and 7.
Subject 2: On the subject of Design of Concrete and Reinforced Concrete Structures as developed by the Joint Committee on Concrete and Reinforced Concrete, no recommendations are made at this time.
The tentative report has been reviewed and certain suggestions made to the Joint Committee, but the Specification for Design is now in the discussion stages and it is possible changes may be made. In view of the condition the Committee does not think it advisable to make recommendations at this time.
Subject 4: A questionnaire was issued by the Sub-Committee, regarding failures of concrete structures, and many answers are being received which are being tabulated and a report will be issued next year.
Subject 5: There seems to be a lack of reliable information on this subject of the distribution of loads through ballast and embankment as affecting the design of masonry structures, and the Sub-Committee having this in charge is recommending that it be continued with the expectation that experimental data will become available the coming year.
Subject 6: A "Progress Report of the Joint Commiteee on Standard Specifications for Concrete and Reinforced Concrete” has been submitted in pamphlet form to the membership for discussion. (See Appendix E.)
Your Committee recommends the following action be taken on its report:
1. That the following requirement as it appears in the 1921 Manual, covering a variation in fineness of cement, be omitted and the remaining paragraphs renumbered. (See Appendix A.)
36. A permissible variation of 1 will be allowed, and all results in excess of the specified limit, but within this permissible variation shall be reported as 22 per cent.
2. That the revisions and additions as they appear in Appendix A be issued as a supplement to the Specifications for Plain and Reinforced Concrete and for Steel Reinforcement as it appears in the Manual.
3. That Appendix B be received as information. 4. That Appendix C be received as information.
5. That the recommendations of the Committee as they appear in Appendix D be approved as the outline of work for the ensuing year.
J. J.' YATES, Chairman.