Res 2753 4/7/1981RESOLUTION NO. jal
RESOLUTION APPROVING PIPE LINE LICENSE FOR A
4-INCH WATER LINE UNDER MISSOURI-KANSAS-TEXAS
RAILROAD COMPANY PROPERTY NEAR M.P. G-788.27
IN WICHITA FALLS
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain pipe line license, a copy of which is attached
hereto, whereby M.K.T. Railroad Company authorizes the City to construct
a 4-inch water line under the railroad property near Mile Post G-788.27
is hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
PASSED AND APPROVED this the 7th day of April, 1981.
MAYOR
ATTEST:
City Cler
Page 5 of 5 Pages
Agenda Item No.
Form 179
Rev 1/77
PIPE LINE LICENSE
THIS AGREEMENT No made this 1st day of
April 1981
between the 'MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
CITY OF WICHITA FALLS, TEXAS
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 the 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 automati-
cally terminate without notice, effective the last day of the expiring term.
2. Consideration and Description: In consideration of
FOUR HUNDRED NINETY-FIVE AND NO/100
S 495.00 DOLLARS
ueceipt of which is hereby acknowledged,and of the covenants of Licensee as hereinafter set forth,Licensor hereby grants a license
a and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by boring method,
one pipe lines(s) encased in a carrier pipe not exceeding four 4 ") inches in diameter, to be
used for carrying
water 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 four (4") inch water pipe line crosses
said Railroad Company's premises at an angle
of 90 degrees, more or less, measured from
the centerline of I.C.C. Track No. 102, the
same being said Railroad Company's abandoned
Henrietta Subdivision main track at abandoned
main track Mile Post G-788.27, and being said
I.C.C. Track valuation chaining station 6980+50,
distant 1082 feet, more or less, measured South-
easterly along the centerline of said I.C.C.
track from the South end of Bridge No. G-788.5,
being said I.C.C. Track No. 102 valuation
chaining station 6991+39. Said pipe line is
not within the limits of a public crossing.
Page 2 of 5 Pages
Agenda Item No.
ARTICLE H.
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 with
material satisfactory to Licensor's Chief Engineer,with its top at least five and one-half(5'/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 any 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, however such damage shall be caused, whether by the negligence of Licen-
sor, its agents, servants, or employees, except when caused by the willful acts of Licensor,
its agents, servants, or employees.
Licensor and Licensee each agree to be responsible for their respective acts of
negligence causing injury to or death of persons whomsoever or damage to property whose-
soever which result from or are incident to the construction, maintenance, use, operation
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. It is further agreed that if any claim or liability
shall arise from the joint or concurring negligence of both parties hereto, it shall be
borne by them equally. It is understood that it is not the intention of the parties hereto
to create liability for the benefit of third parties, but that this agreement shall be for
the benefit of the parties hereto.
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
waytotherightyhtof 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 111,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 III.
Page 3 of 5 Pages
2- 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 assigns, and Licensee agrees to supply notice in writing to Licensor of any
name changes.Licensee agrees not to assign this License or any interest therein,without the consent of Licensor in writing,and any
and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any
assignment,Licensee shall at all times remain fully responsible and liable for the payment of the rental,if any,herein specified and
for the compliance of all of its other obligations under the 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 or
delivered to Licensee or his authorized agent, or if posted on or if mailed,postpaid,addressed to Licensee at his last
known place of business.
e)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.
f) 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
By
Vice-President
CITY OF WICHITA FALLS, TEXAS
By
Title City Manager
Address: P.O. Box 1431
Wichita Falls, Texas 76307
Page 4 of 5 Pages
File: T-18142 3- Agenda Item No.
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