Res 2581 7/15/1980RESOLUTION NO. 4
RESOLUTION APPROVING PIPE LINE LICENSE FOR
SANITARY SEWER CROSSING UNDER MKT RAILROAD IN
EXPRESSWAY EAST INDUSTRIAL DISTRICT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain pipe line easement, a copy of which is
attached hereto, whereby Missouri-Kansas-Texas Railroad
Company authorizes the City to construct a six inch sanitary
sewer line across its right-of-way, is hereby approved, and
the City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED this the 15th day of July, 1980.
M A Y O R
ATTEST:
City Clerk
26-8/
7-'5-- in)
Form X 79
Rev 1/77
PIPE LINE LICENSE
THIS AGREEMENT No._ made this 1st day of July 19 80
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
THE CITY OF WICHITA FALLS, TEXAS
hereinafter called"Licensee".
WITNESSETH:
ARTICLE I.
1.Term:This agreement shall take effect the date hereof,and unless sooner terminated as provided herein,shall continue
in force so long as used for the purpose herein set out until terminated by either party
than thirty(30)days'advance notice in writing of an intention to terminate the same,the agreementgivingtheotherpartynotlessay( ) y g g
to terminate upon the expiration of such notice.
2. Consideration and Description: In consideration of NINETY-FIVE AND N0/100
95.00 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,
one pipe lines(s) encased in a carrier pipe not exceeding
six 6 ") inches in diameter, to be
used for carrying
sewage across or
along Licensors 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 sewer pipe line crosses
said Railroad Company's premises at an angle of 65
degrees, more or less, measured to the Right, Northerly,
from the centerline of said Railroad Company's abandoned
Henrietta Subdivision main track (now I.C.C. No. 102)
at Mile Post G-787.31, being main track valuation chaining
station 6929+57, distant 38 feet, more or less, measured
Southeasterly along the centerline of said main track
from the centerline of a 60" C.M.P. at chaining station
6929+95. Said pipe line is within the limits of a public
crossing. Said pipe line also crosses under I.C.C. Track
Nos. 92, 95, and 97.
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 with
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 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,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 further 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:
I.(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 ofemergency). 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 locationtobemade,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 (l0r'c) 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 I, or Paragraph 2 or 4 of Article III,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.
2—
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 anynamechanges.Licensee agrees not to assign this License or any interest therein,without the consent of Licensor in writing,and anyandeverysuchattemptedassignmentwithoutsuchpriorwrittenconsentshallbevoidandofnoeffect. In the event of anyassignment,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 thepercentagethattheConsumerPriceIndexhasincreased,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.
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
THE CITY OF WICHITA FALLS, TEXAS
By
Title Mayor
Address: P.O. Box 1431
Wichita Falls, Texas
File: T-18142 3-