Res 1439 7/17/1973RESOLUTION NO. #J9
Resolution Approving Pipeline
License between M-K-T Railroad)
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, dated June 6, 1973, between Missouri-Kansas-
Texas Railroad Company and the City of Wichita Falls, authorizing
the City to construct, maintain, and operate a one inch (1")
water service line across the railroad right of way .is hereby
approved, and the City Manager is authorized to execute and
deliver the same for the Cit y of Wichita Falls.
PASSED AND APPROVED THIS the 17th day of July, 1973.
MAYOR
ATTEST:
City'Clerk
Form 179
r Revised 11-1959)
Pipe Line License
6th da
June 19
73
between
AGREEMENT, made this day of A D.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY hereinafter called "Licensor," and
CITY OF WICHITA FALLS xftxxx
Sctliftx6fx
hereinafter called "Licensee."
1. In consideration of ONE HUNDRED FIFTY AND NO/100 ($150.00) DOLLARS, a one—time
charge hereby acknowledged, and of the covenants of Licensee hereinafter set forth, Licensor
hereby grants to Licensee, for the period and under the conditions below stated, the right to construct, main-
tain, and operate
one pipe line , hereinafter called the "Crossing," not exceeding
one (1)
inches in diameter to be used for carrying
water across or along the right of way or other grounds
constituting a part of Licensor's railroad at or near the Station of
Wichita Falls in the
Wichita Texas
County of and State of
Said one (1") inch water pipe line crosses said Railroad
company's premises at an angle of 60 degrees, more or .less,
measured to the right northeasterly, from the center line
of said Railroad Company's Western Subdivision main track
at Mile Post 3. 29, being main track valuation chaining
station 124 plus 61, distant 392 feet, more or less,
measured northwesterly along the centerline of said main
track from the center line of U.S, Highway 277 Overpass.
Said pipe line shall he encased in a larger pipe where it passes under any railroad track and for at least
ten (10) feet on each side of the center line of any such track.
2. The crossing shall be laid and maintained at the sole cost of Licensee in a manner and with
material satisfactory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom
of the ties under the track, and at least two (2) feet below the surface of the ground elsewhere, so it
will not interfere with the safe operation of said railroad or cause damage to said Licensor's premises.
If Licensee shall fail to make necessary repairs to said crossing within thirty (30) days after no-
tice from Licensor so to do, Licensor may make such repairs as the agent and at the cost and risk of
Licensee, and Licensee shall, upon demand, reimburse to Licensor all such cost with ten per cent (10%)
thereon as a charge for supervision, accounting and use of tools. !tut failure of Licensor to make such
repairs shall not release Licensee from liability for injury or damage resulting therefrom.
3. If the presence or maintenance of said crossing on Licensor's premises as herein authorized shall
at any time, in the judgment of Licensor, inter fere with any use Licensor may desire to make of said prem-
ises, or with the safe or convenient operation of•its business, or if Licensee shall fail to keep any of Li-
censee's covenants herein, Licensor may' cancel and terminate this contract on giving to Licensee not less
than ten days (10) days' advance written notice of its desire and intention so to do.
4. Upon the termination of this agreement, whether in accordance with the provisions of Paragraph
3 or of Paragraph 6 hereof, or otherwise, Licensee shall remove said Crossing from Licensor's premises,
and restore said premises to their prior condition or to a condition satisfactory to Licensor's Chief Engineer,
and if Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this
agreement, Licenor may remove the same and restore said premises as herein provided as the agent and
at the expense and risk of Licensee, and Licensee shall reimburse to Licensor all said expense, plus ten
per (10%) thereof as a charge for supervision, accounting and use of tools, within ten (10) days after
demand therefor.
5. 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 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
whosesoever which result from or are incident to the construction, maintenance, use,
operation or existence of said crossing on Licensor's premises, or the removal there-
of 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
claim or liability shall arise from the joint or concurring negligence of bothanyitisnot
parties hereto, it shall be borne by them equally. It is understood that
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 title to the right of way and lands occupied by said crossing or any part
thereof.
6. This agreement shall bind and inure to the benefit of the parties hereto, their successors and as-
signs, or heirs, executors and administrators, but Licensee shall not assign the same without the written
consent of Licensor.
This agreement shall take effect the 10th day of June 19 73
and unless terminated as above provided, shall continue in force for one (1) year and thereafter
until terminated by one of the parties giving to the other not less than thirty (30) days' advance no-
tice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such
notice.
In TESTIMONY WHEREOF, witness our hands, this the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
Licensor)
By.
Title
Vice-President
CITY OF WICHITA FALLS, TEXAS
Licensee)
By
Attesstt_Title City Manager
Address P.O. Box 1431
Wichita Falls, Texas 76307
Ce e °c/II
File: T-18142