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Res 090-84 5/15/1984RESOLUTION NO. 9 RESOLUTION APPROVING AN AGREEMENT WITH THE MKT RAILROAD COMPANY AS LICENSE FOR PIPE LINE CORSSING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the South Texas Real Estate and Development Company of Corpus Christi, Texas, is extending the public utilities system to serve an apartment complex being built in Wichita Falls; and, WHEREAS, a sewer line will pass under a rail line of the MKT Railroad Company and a pipeline license from MKT is required for this purpose; and, WHEREAS, the sewer line will be dedicated to the City of Wichita Falls on completion of the project; and, WHEREAS, the pipeline license will therefore be issued in the name of the City of Wichita Falls. WHEREAS, the Council has examined a proposed agreement between the City of Wichita Falls and MKT for the said license; and, WHEREAS, such agreement is acceptable, except for the fact that the City will indemnify the railway company from damages caused by the negligence of the railway company. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such contract is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls, provided that the contract is changed so that the City does not indemnify the railway company from damages caused by its own negligence, and provided that the cost of the license is paid by South Texas Real Estate and Development Company. PASSED AND APPROVED THIS THE 15TH DAY OF MAY, 1984 A. 0 M OR ATTEST: CITY CL RK