Res 2716 1/20/1981F 1
RESOLUTION NO. ‘47
RESOLUTION APPROVING ASSIGNMENT OF MKT
PIPELINE LICENSE FROM HALLIBURTON
SERVICES TO THE CITY OF WICHITA FALLS.
WHEREAS, under date of November 22 , 1978 , Missouri-
Kansas-Texas Railroad Company granted to Halliburton
Services a license to construct a six inch sanitary sewer
line under the railroad right-of-way in the Expressway East
Industrial District to connect Halliburton' s facilities to
our sanitary sewer system; and,
WHEREAS, Halliburton has constructed a sewer lift station
and pressure main, which pressure main crosses the railroad
by virtue of this license, and Halliburton is ready to convey
such lift station and force main to the City, along with
such license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain assignment, a copy of which is attached hereto,
of the pipeline license from Missouri-Kansas-Texas Railroad
Company, is hereby approved, and the City Manager is authorized
to execute such assignment for the City as assignee.
PASSED AND APPROVED this the 20th day of January, 1981.
r
M A Y O R
ATTEST:
City Clerk
Page 6 of 6 Pages
Agenda Item No.
PIPE LINE LICENSE
THIS AGREEMENT No made 2 2ndmadethis day of November 19 78 .
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
HALLIBURTON SERVICES,
hereinafter called "Licensee".
WITNESSETH:
ARTICLE I.
1 . Term: This agreement shall take effect the date hereof, and unless sooner termi-
nated as provided herein, shall continue in force so long as used for the purpose herein
set out for a period of ten (10) years , or until terminated by either party giving the other
party not less than thirty (30) days' advance notice in writing of an intention to terminate
the same, the agreement to terminate upon the expiration of such term or notice, whichever
occurs first. Licensee is hereby given a renewal option at a price and term to be negotiated
no sooner than 120 days or less than 30 days prior to the expiration of this term. In the
event th' amount of renegotiated rental is not agreed to in writing by both parties, prior to
the expiration of the term of this license, this license shall automatically terminate with-
out notice, effective the last day of the expiring term.
2. Consideration and Description: In consideration of A ONE-TIME CONSIDERATION of TWO
HUNDRED SEVENTY-FIVE AND NO/100 5 275 _ 00 ) DOLLARS
receipt of which is hereby acknowledged,and of the covenants of Licensee as hereinafter set forth,Licensor hereby grants a license
and permission to Licensee to construct,reconstruct, use, maintain, operate, repair and install by boring method,
on pipe lines(s) encased in a carrier pipe not exceeding Six 6 ") inches in diameter, to be
used for carrying sanitary sewage across or.
along Licensor's property at or near Wichita Falls in the County of Wichita and State
of
Texas For convenience, the said pipe line is hereinafter referred to as"Crossing". The location of said
Crossing is more particularly described as follows:
Said six (6") inch sanitary sewage pipe
line crosses said Railroad Company' s premises
at an angle of 90 degrees, more or less, mea-
sured tangent to curve, from the centerline of
said Railroad Company' s I.C.C. No. 102 (Old Hen-
rietta Subdivision main track) at Mile Post
B-786 . 86 , being valuation Chaining Station
6905+08, distant 25 feet, more or less, measured
Southeasterly along the centerline of said main
track from the centerline of Market Street (70 '
wide) .
Page 2 of 6 Pages
Agenda Item No.
ARTICLE II.
Licensee undertakes and agrees:
1. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Association Part 5, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee, and in a manner and v.ith
material satisfactory to Licensor's Chief Engineer,with its top at least five and one-half(51/2)feet beneath the base of the rail under
the track,and at least three(3)feet below the surface of the ground elsewhere,so it will not interfere with the safe operation of said
railroad or cause damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it passes under any railroad
track, and for at least twenty-five (25') feet on each side of the center line of any such track.
2. Present Occupants: To make appropriate arrangements with person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor,so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
3. Liability:Licensor shall not be liable for any damage to said Crossing or the contents thereof,howsoever such damage
shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise.
Licensee assumes the risk of,and shall protect,indemnify and hold harmless Licensor from and against all liability for or
on account of injury to or death of any and all persons or damage to property,including livestock killed or injured,resulting from
or incident to the construction,maintenance,use,operation,relocation,reconstruction or existence of said Crossing on Licensor's
premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided, whether such injury, death or damage shall be caused or contributed to by the negligence of
Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others
legally using its right of way,from all claims,demands,suits or actions growing out of any such loss,injury or demands,including
investigation costs,court costs,and attorneys'fees resulting or in any manner arising from the risks herein assumed by Licensee.
Licensee ft•:her agrees to immediately investigate any such claims, demands, or suits and shall defend,settle,and,/or otherwise
dispose of the same at its sole cost and expense. In the event Licensee settles any such claims,demands,or suits,it shall obtain a
release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or any part
thereof.
4. Waiver:To waive all right to question the validity of this License or any of the terms or provisions hereof,or the right
or power of Licensor to execute and enforce the same.
ARTICLE III.
It is mutually agreed by and between the parties, as follows:
1.(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner,and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing,or any part thereof,or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use
or operation of Licensor's railroad,or any of its present or future appurtenances,or telegraph,telephone,signal or other lines on
Licensor's right of way,and in the event it is found necessary for Licensor to use its entire right of way,or any portion of it occupied
by the Crossing,Licensee shall at its sole expense,and within thirty(30)days after notice so to do,(or upon shorter notice in case of
emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs,or to relocate said Crossing,then Licensor may cause such condition to be made safe,or change of location
to be made,or repairs to be made,or Crossing to be removed from Licensor's property,Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools; or
Licensor may terminate this License by giving to Licensee not less than ten(10)days'advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10) days'written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities,if any,of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph 1 of
Article 1, or Paragraph 2 or 4 of Article Ill,or otherwise,Licensee shall promptly remove said Crossing from Licensor's right of
way,and restore said right of way to its prior condition,or to a condition satisfactory to Licensor. If Licensee shall fail to remove
said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge the
expense therefor to the Licensee on the basis provided in Paragraph 1'(b) of Article 111. Page 3 of 6 Pages
Agenda Item No.
4. Miscellaneous:(a)This License and all of the provisions herein contained shall be binding upon the parties hereto,
their heirs,executors, administrators, successors and ass:+.'ns, and Licensee agrees to supply notice in writing to Licensor of am
name chances.Licensee agrees not to assign this License u, :iny interest therein,without the consent of Licensor in writing,and any
and every such attempted assignment without such p! written consent shall be void and of no effect. In the event of any
assignment, Licensee shall at all times remain fully respc, hle and liable for the payment of the rental,if any,herein specified and
for the compliance of all of its other obligations under: :he terms, provisions, and covenants of this License.
b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yearly
anniversary date of this license by giving Licensee thirty(30)days'written notice.Licensor may increase the rental by the
percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof.
c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person,a partnership, or a corporation, or any combination thereof.
d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon ordeliveredtoLicenseeorhisauthorizedagent, or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business.
c)No oral promises,oral agreements,or oral warranties shall be deemed a part of this License,nor shall any alteration,
amendment,supplement,or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
I)This License does not become binding upon Licensor until executed by Licensor's vice-president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
B y
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c. .z <14--_ .l
Vice-President-
HALLIBURTON SERVICES
By
Title Vice-President
Address:
Drawer 1431
Duncan, Oklahoma 73533
Page 4 of 6 Pages
Agenda Item No.
File: T-1397
Form: 58
Rev: 4/77
ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS ASSIGNMENT, made October 24; 1980 by and between the
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Railroad Company", Party
of the First Part, and HALLIBURTON SERVICES
hereinafter called "Assignor", Party of the Second Part,
and CITY OF WICHITA FALLS, TEXAS
hereinafter called "Assignee", Party of the Third Part.
WITNESSETH:
THAT the Railroad Company and Assignor entered into a Pipe Line License _
Agreement covering one 6-inch sanitary sewage pipe line
dated November 22, 1978 situated in Wichita
Falls, Texas an carrie in Railroad Company's records
as Agreement No. 32432 , hereinafter designated as "Agreement". Assignor desires,
subject to the consent of the Railroad Company, to assign said Agreement to Assignee.
IT IS, THEREFORE, mutually agreed between the parties hereto, as follows:
1 . In consideration of the sum of ONE HUNDRED AND NO/100
100.00 DOLLARS, by Assignor to Railroad Company in
hand paid, receipt of which is hereby acknowledged, and of other good and valuable con-
siderations, the Railroad Company hereby consents to the assignment of said Agreement
from Assignor to Assignee.
2. Assignee has thoroughly read said Agreement, and is familiar with its terms
and conditions, and hereby accepts the foregoing assignment; and agrees to use said pre-
mises for the purpose of a six-inch sanitary sewage pipe line
and in consideration of the Railroad Company consenting
thereto, undertakes and agrees to and with the Railroad Company to carry out and perform
all the terms and conditions of said Agreement to be by Assignor carried out and performed;
and to indemnify the Railroad Company as in said Agreement provided, as if Assignee had
executed said Agreement as a party thereto, in the place and stead of Assignor; and agrees
not to assign said Agreement, or any right or interest therein, without the consent in wri-
ting of the Railroad Company.
3. Nothing herein contained shall be construed to release Assignor from any lia-
bility or obligation to the Railroad Company which has accrued or which may be accruing
at the date hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment the day and
year first above written.
HALLIBURTON SERVICES MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
Assignor
By
REVIEWED Vice-PresidentTitleSeniorVice-President OPERATIONS
71677q14/046"
FINANCIAL
CITY OF WICHITA FALLS, TEXAS
Assignee
Page 5 of 6 Pages
ByY ItemNo.
Title Mayor
Address: Municipal Auditorium
Wichita Falls, Texas 76307
FILE: T-1397