Res 2083 2/7/1978 At
RESOLUTION NO. dGO
RESOLUTION APPROVING PIPELINE LICENSE WITH
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY FOR
SEWER LINE IN RAILROAD RIGHT-OF-WAY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain pipeline license, a copy of which is attached
hereto, between the City and Missouri-Kansas-Texas Railroad
Company for a sanitary sewer line in the railroad right-of-way
is hereby approved, and the Mayor is authorized to execute same
for the City of Wichita Falls.
PASSED AND APPROVED this the 7th day of February, 1978.
oz)bvul.
MAYOR
ATTEST:
City Clerk
Form 179
y Rca I'77
PIPE LINE LICENSE
THIS AGREEMENT No made this 23rd day of danuar�_ i9_.71-.
between the MISSOURI-KANSAS-"TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
The CITY OF WICHITA FALLS, TEXAS,
hereinafter called "Licensee".
W ITNESSETH:
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
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 notice.
2. Consideration and Description: Inconsideration of A ONF-TIME CONSIDERATION of SIX HlltJDRFD
AND NO/100 -------------------------------- ------------------------ (s 600.00 ) 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 h— Ori na method,
One pipe lines(s) encased in a carrier pipe not exceeding six ( 6 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 six (6") inch p.v.c. force main enters said Railroad
Company's Westerly main track right of way line at a point that
is distant 19 feet measured Northerly at right angles from the
centerline of Bacon Switch Road at an angle of 45 degrees, more
or less, measured to the right, Northeasterly from said Westerly
right of way line;
Thence continuing Northeasterly a distance of 30 feet, more
or less, to a point that is distant 30 feet measured Westerly at
right angles from the centerline of said main track;
Thence Northwesterly parallel with and distant 30 feet West-
erly from said main track a distance of 228 feet, more or less,
to an angle point;
Thence deflecting an angle of 45 degrees, more or less, to
the left, Westerly, a distance of 30 feet, more or less to the
point of leaving said Railroad Company's right of way.
All as shown on Licensor's Print of Drawing No. A-30,026,
dated January 12, 1978, Office of Chief Engineer, Denison, Texas,
attached hereto and made a part hereof.
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ARTICLE 11.
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�h1 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 orexistence 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, ,
, 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 Licenser'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:
L(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 Licenser'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 I 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 l(b) of Article III.
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4. Miscellaneous:(a)This License and all of the provisions herein contained shall he 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
The CITY OF WICHITA FALLS, TEXAS
By
Title Mayor
Address: post Office Box 1431
Wichita Falls, Texas 76307
Fi"e: T-18142