Res 2653 10/21/1980RESOLUTION NO. o<(/Ja
RESOLUTION APPROVING PIPE LINE LICENSE FOR
SANITARY SEWER CROSSING UNDER MISSOURI-KANSAS-TEXAS
RAILROAD COMPANY PROPERTY NEAR PPG PLANT.
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 Missouri-Kansas-Texas Railroad
Company authorizes the City to construct a sanitary sewer
line under the railroad property near the PPG plant is
hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 21st day of October, 1980.
LNtit a.-
MAYOR Protein
ATTEST:
City Clerk
Form 179
Rev 1/77
PIPE LINE LICENSE
THIS AGREEMENT No made this 1st day of August 1980
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
CITY OF WICHITA FALLS , TEXAS
hereinafter called "Licensee".
WITNESS ETH:
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 THREE HUNDRED NINETY-FIVE AND NO/100
395.00 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 twelve 12 ") inches in diameter, to be
used for carrying
sewage across or
along Licensor's property at or near Bacon 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 twelve (12") inch sanitary sewer pipe line
crosses said Railroad Company's premises at an
angle of 90 degrees, measured from the centerline
of said Railroad Company's Western Subdivision main
track at Mile Post 7.04-B, being main track valuation
chaining station 322+41, distant 1331 feet, more or
less, measured Northerly along the centerline of
said main track from the centerline of Bacon Street
Road (DOT No. 415 472 V) at main track valuation
chaining station 309+10. Said pipe line is not
within the limits of a public crossfire .
ARTICLE H.
Licensee undertakes and agrees:
1. Specifications: To install said Crossing according to the specifications of the American Railway EngineeringAssociationPart5, 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 railroadtrack, 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 premisesaffectedherebypursuanttoaleaseorotherpermissiongrantedbyLicensor,so that Licensee's said Crossing will not unreasonablyinterferewiththeuseofthesubjectproperty, 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 damageshallbecaused, 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 oronaccountofinjurytoordeathofanyandallpersonsordamagetoproperty,including livestock killed or injured,resulting fromorincidenttotheconstruction,maintenance,use,operation,relocation,reconstruction or existence of said Crossing on Licensor'spremises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior orotherconditionashereinprovided, -- - - - t
and Licensee will protect, indemnify and hold harmless Licensor and any otherslegallyusingitsrightofway,from all claims,demands,suits or actions growing out of any such loss,injury or demands,includinginvestigationcosts,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 otherwisedisposeofthesameatitssolecostandexpense. In the event Licensee settles any such claims,demands,or suits,it shall obtain areleasewhichincludesLicensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee maysufferorsustainbecauseofanyfailureofLicensor's title to the right of way and lands occupied by said Crossing or any partthereof.
4. Waiver:To waive all right to question the validity of this License or any of the terms or provisions hereof,or the rightorpowerofLicensortoexecuteandenforcethesame.
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 tomakereasonablerepairsasinthejudgementofLicensorshallbedeemednecessarytoavoidinterferencewithordangerintheuse
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 occupiedbytheCrossing,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 byLicensor.
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 reimburseLicensorthewholecostthereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools; orLicensormayterminatethisLicensebygivingtoLicenseenotlessthanten(10)days'advance written notice of its intention so todo.
2. Termination: Licensor may terminate this License upon ten (10) days'written notice if Licensee fails to keep any ofLicensee'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 I of
Article 1, or Paragraph 2 or 4 of Article III,or otherwise,Licensee shall promptly remove said Crossing from Licensor's right ofway,and restore said right of way to its prior condition,or to a condition satisfactory to Liceoso.. 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 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
Address: Municipal Auditorium
Wichita Falls, Texas
File: T-18142 3-