Res 1407 4/9/1973RESOLUTION NO. 1407
RESOLUTION APPROVING CONTRACTS WITH FORT
WORTH AND DENVER RAILWAY COMPANY FOR WATER
AND SEWER LINES ACROSS RAILROAD RIGHT-OF-
WAY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Those two certain contracts dated February 20, 1973, copies
of which are attached hereto, between Fort Worth and Denver Rail-
way Company and the City of Wichita Falls, which grant to the
City the right to construct and maintain a water line and a
sewer line under the railroad right-of-way, are hereby approved,
and the City Manager is hereby authorized to execute the same
for the City of Wichita Falls.
PASSED AND APPROVED THIS THE 9TH DAY OF APRIL, 1973.
L/41`/4LA
M A Y O R
ATTEST:
City Clerk
CONTRACT FOR PIPE LINE
ACROSS OR ALONG RIGHT OF WAY
THIS AGREEMENT, Made and entered into as of this 20th day of February 19 73 ,
between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the"Railway," and
CITY OF WICHITA FALLS
of
Wichita Falls State of
Texas
hereinafter called the"Licensee."
WITNESSETH:
ARTICLE 1: In consideration of
One and no/100 dollars 01.00) initial and only to be paid by Licensee
to Railway immediately upon the execution of this agreement, . . . and upon the terms
and conditions hereinafter set forth, Railway hereby grants unto Licensee license to enter upon the premises of Railway at orn.r
Mile Post 117+2135' , Wichita County, Texas and construct and thereafter maintain across or
along said premises at the sole expense of Licensee, a
twelve 12 ) inch pipe line to be used for conveying
water only, the location of said pipe line being shown in red on the Railway's print
No 2 2-828/312-8 hereto attached,
marked Exhibit "A" and made a part hereof.
ARTICLE 2: The top of said pipe line shall be placed at a depth of not less than five (5)feet six (6) inches below the base of the rails of the track
or tracks of Railway where it passes under the same and not less than three(3)feet below the surface of the ground at any point on Railway's property.
If the said pipe line shall be of a diameter four inches or larger the portion of same directly under the said track or tracks, and under the roadbed
thereof, shall he of cast iron or other material of approved strength.
ARTICLE 3: The said pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet
with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, cars or business of
Railway over its track or tracks now laid or hereafter laid on said premises,or in any manner interfere with the present or future use of the said premises.
The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said pipe line except upon forty-eight hours'
notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses, at the
expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do, Licensee shall, at the
expense of Licensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or removing said pipe line
is being done.
In the event the pipe line shall be used to carry any liquid or other substance under pressure, and shall be located under any track or within
forty—five (45)feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in accordance with
Railway's Plan No. 105998 D, copy of which shall be attached to, and thereby become a part of, this agreement.
In case Railway shall, after said pipe line has been constructed, build upon its premises any additional track or tracks, or structures, or make any
changes in existing tracks or structures over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its said pipe line as
may be necessary to make the same conform in its relation to said new tracks or structures, or changes in existing tracks or structures, in all respects
to the conditions herein required for said present tracks or structures, or as may be required by the Railway.
r ARTICLE 4 In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe Line which in the
opinio[I of Railway in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately
shall discontinue operation of and remove said grounding system,or take such steps as may be necessary to avoid all such interference. Licensee further
agrees to indemnify and save harmless Railway from and against any damages, claims, losses, suits or expenses in any manner arising from or
growing out of interference with the signals, telephone or telegraph lines of Railway by the operation, use or existence of any such grounding system.
ARTICLE 5: The Licensee further covenants and agrees at all times during the existence of said pipe line upon the premises of Railway to keep and
maintain the soil over the same thoroughly compacted,and the grade even with the adjacent surface of the ground, and that Licensee will at all times
release,protect,indemnify and save harmless Railway from all claims,demands,judgments,loss,costs and expenses,for injury to or death of any person,
or loss or damage to the property of any person or persons whomsoever (including both parties hereto and their employes),in any manner arising from
or growing out of in whole or in part, the construction, reconstruction, maintenance, operation, repair, change, existence, use or removal of said pipe
line or the subsidence of soil over the same •• •• • • - •• •'' ''''' ' a' : -
ARTICLE 6: If Licensee shall well and faithfully comply with all the terms, covenants, and conditions herein set forth on the part of Licensee to be
observed and complied with, the license herein granted by Railway shall continue in force to the full expiration of the period of one (1) year from the
date hereof, and thereafter until terminated, upon not less than sixty (60) days' written notice by either party hereto to the other; but if Licensee shall
fail to perform any of the covenants herein contained, Railway shall have the right to terminate this license forthwith and without notice. Any notice
herein provided for shall be sufficiently given and delivered if mailed in an envelope properly stamped and addressed to Licensee. Upon the termination
of this license in any of the modes herein provided for, Licensee shall, at its own expense, upon being notified so to do by Railway, remove said pipe
line from said premises, and restore the ground to a safe and level condition, and in case of its failure so to do, the Railway may at its option, either
remove the said pipe line from said premises at the sole expense of Licensee,or disconnect the same at points where it enters and leaves the said premises.
ARTICLE 7: The Licensee shall not transfer or assign this license without the written consent of Railway. The said license shall be binding upon the
heirs, personal representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first herein written.
ATTEST:
FORT WORTH AND DENVER RAILWAY COMPANY.
Secretary.
By
ATTEST: Its Asst. to President
CITY OF WICHITA FALLS
Licensee.
APPROVED AS TO FORM:
a
y
Its
i"
74'
Attorney.
Recom ended:
Chi Engineer General Superintendent
Supt. Communications & Signals
CONTRACT FOR PIPE LINE
ACROSS OR ALONG RIGHT OF WAY
THIS AGREEMENT, Made and entered into as of this 20th day of February Io 73,
between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the"Railway," and
CITY OF WICHITA FALLS
of
Wichita Falls State of Texas
hereinafter called the"Licensee."
WITNESSETH:
ARTICLE 1: In consideration of One & no/100 dollars ($1.00) initial and only to be paid by Licensee
to Railway immediately upon the execution of this agreement, . . and upon the terms
and conditions hereinafter set forth,Railway hereby grants unto Licensee license to enter upon the premises of Railway at ernes.* Mile Post
117+1340' , Wichita County, Texas and construct and thereafter maintain across or
along said premises at the sole expense of Licensee, a eight 8 ) inch pipe line to be used for conveying
sanitary sewage only, the location of said pipe line being shown in red on the Railway's print
No 22-829/312-8 hereto attached, Marked Exhibit "AEI
and made a part hereof.
ARTICLE 2: The top of said pipe line shall be placed at a depth of not less than five (5)feet six (6) inches below the base of the rails of the track
or tracks of Railway where it passes under the same and not less than three(3)feet below the surface of the ground at any point on Railway's property.
If the said pipe line shall be of a diameter four inches or larger the portion of same directly under the said track or tracks, and under the roadbed
thereof, shall be of cast iron or other material of approved strength.
ARTICLE 3: The said pipe line shall he constructed and maintained in such manner and at such time or times and of such materials as shall meet
with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, cars or business of
Railway over its track or tracks now laid or hereafter laid on said premises,or in any manner interfere with the present or future use of the said premises.
The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said pipe line except upon forty-eight hours'
notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses, at the
expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do, Licensee shall, at the
expense of Licensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or removing said pipe line
is being done.
In the event the pipe line shall he used to carry any liquid or other substance under pressure, and shall he located under any track or within
forty—five (45)feet of any track, bridge or structure of the Railway, the pipe line shall he constructed and maintained strictly in accordance with
Railway's Plan No. 105998 D, copy of which shall he attached to, and thereby become a part of, this agreement.
In case Railway shall, after said pipe line has been constructed, build upon its premises any additional track or tracks, or structures, or make any
changes in existing tracks or structures over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its said pipe line as
may he necessary to make the same conform in its relation to said new tracks or structures, or changes in existing tracks or structures, in all respects
to the conditions herein required for said present tracks or structures, or as may be required by the Railway.
Z Form .31() Jnee, , or C
ARTICLE 4: In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe line which in the
opinion of Railway in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately
shall discontinue operation of and remove said grounding system,or take such steps as may be necessary to avoid all such interference. Licensee further
agrees to indemnify and save harmless Railway from and against any damages, claims, losses, suits or expenses in any manner arising from or
growing out of interference with the signals, telephone or telegraph lines of Railway by the operation, use or existence of any such grounding system.
ARTICLE 5: The Licensee further covenants and agrees at all times during the existence of said pipe line upon the premises of Railway to keep and
maintain the soil over the same thoroughly compacted,and the grade even with the adjacent surface of the ground, and that Licensee will at all times
release,protect,indemnify and save harmless Railway from all claims,demands,judgments,loss,costs and expenses,for injury to or death of any person,
or loss or damage to the property of any person or persons whomsoever (including both parties hereto and their employes),in any manner arising from
or growing out of in whole or in part, the construction, reconstruction, maintenance, operation, repair, change, existence, use or removal of said pipe
line or the subsidence of soil over the same, . •
ARTICLE 6: If Licensee shall well and faithfully comply with all the terms, covenants, and conditions herein set forth on the part of Licensee to be
observed and complied with, the license herein granted by Railway shall continue in force to the full expiration of the period of one (1) year from the
date hereof,and thereafter until terminated,upon not less than sixty (60) days'written notice by either party hereto to the other; but if Licensee shall
fail to perform any of the covenants herein contained, Railway shall have the right to terminate this license forthwith and without notice. Any notice
herein provided for shall be sufficiently given and delivered if mailed in an envelope properly stamped and addressed to Licensee. Upon the termination
of this license in any of the modes herein provided for, Licensee shall, at its own expense, upon being notified so to do by Railway, remove said pipe
line from said premises, and restore the ground to a safe and level condition, and in case of its failure so to do, the Railway may at its option, either
remove the said pipe line from said premises at the sole expense of Licensee,or disconnect the same at points where it enters and leaves the said premises.
ARTICLE 7: The Licensee shall not transfer or assign this license without the written consent of Railway. The said license shall be binding upon the
heirs, personal representatives, successors and assigns of the parties hereto.
Is WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first herein written.
ATTEST:
FORT WORTH AND DENVER RAILWAY COMPANY.
Secretary.
By
ATTEST: Its Asst. to President
4' CITY OF WICHITA FALLS
Licensee.
APPROVED AS TO FORM:
By
Its
Attorney.
Recommended:
1
C •
41;
f,Fngineer General Superintendent
Suet. Communications Fr Si 7nal s