Res 1484 12/4/1973RESOLUTION NO. 4/ 4/
RESOLUTION AUTHORIZING ACCEPTANCE OF
ASSIGNMENTS BY BOARD OF COMMERCE AND
INDUSTRY OF SANITARY SEWER LICENSES
GRANTED BY MISSOURI-KANSAS-TEXAS
RAILROAD COMPANY.
WHEREAS, Missouri-Kansas-Texas Railroad Company executed
a pipeline easement dated May 7 , 1973 to Board of Commerce and
Industry of Wichita Falls, Texas for a six inch sanitary sewer
line near the PPG Industries' plant; and,
WHEREAS, said railroad company executed a pipeline ease-
ment dated August 3, 1973 to Board of Commerce and Industry
of Wichita Falls, Texas for a ten inch sanitary sewer line
near the Washex Manufacturing Company plant; and,
WHEREAS, the Board of Commerce and Industry desires to
assign such pipeline licenses to the City of Wichita Falls.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
The assignment of such pipeline licenses is approved,
and the City Manager is authorized to execute an acceptance of
such assignments, subject to the following change in the pro-
visions in such pipeline licenses:
In lieu of the second paragraph contained in Section 5
of such pipeline licenses, the following paragraph shall be
substituted:
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 whatsoever which
result from or are incident to the construction, maintenance, use,
operation or existence of said crossing on Licensor' s premises,
or the removal thereof from said premises, or to the restora-
tion of or failure to restore said premises to their prior or
other condition as herein provided. It is further agreed that
if any claim or liability shall arise from the joint or concur-
ring negligence of both parties hereto, it shall be borne by
them equally. It is understood that it is not the intention of
the parties hereto to create liability for the benefit of third
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parties, but that this agreement shall be for the benefit of
the parties hereto. "
PASSED AND APPROVED THIS THE 4TH DAY OF DECEMBER, 1973.
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07 M A Y O R
ATTEST:
zJ-6.1/1/2.4.4' A41/•/-2
City Clerk
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