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Res 160-86 10/21/1986RESOLUTION NO. I*-0 RESOLUTION TO APPROVE AGREEMENTS WITH BURLINGTON NORTHERN RAILROAD COMPANY FOR PIPE LINE LICENSES WHEREAS, the City of Wichita Falls will construct a 24" pipe line between the Cypress Street Water Treatment Plant and the northern areas of the city; WHEREAS, the planned pipe line will cross the property and railroads of Burlington Northern Railroad Company in four places; WHEREAS, the city has applied for a permit to cross at each of the four locations; WHEREAS, the Railroad Company has agreed to the crossings and has submitted a standard pipe line license agreement for approval by the Council ; and, WHEREAS, the Council has examined the proposed agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Pipe line licenses number PX86-11045, PX86-11046, PX86-11047, and PX86-11048 are hereby approved with the exception of the last sentence of Paragraph VI. The sentence which reads "The liability assumed by permittee herein shall not be affected or diminished by the fact, if it be a fact, that any suit or action brought against railroad may arise out of negligence of railroad, its officers, agents, servants or employees, or be contributed to by such negligence" will be removed before execution of the agreement by the City Manager. With the exception noted, the City Manager is hereby authorized to execute the four permit agreements. PASSED AND APPROVED THIS IS THE 21ST D' OF OCTOBER, 198; . M A Y O R ATTEST: i;, ),ftJ - CITY CL K