Res 1260 1/18/1972RESOLUTION NO. /a2-420
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 December 27, 1971 between Missouri-Kansas-
Texas Railroad Company and the City of Wichita Falls, authorizing
the City to construct, maintain and operate a twelve-inch sanitary
sewer main along and across the railroad right of way, is hereby
approved, and the Mayor is authorized to execute and deliver the
same for the City of Wichita Falls.
PASSED AND APPROVED THIS the 18th day of January, 1972 .
MAYORAYOR
ATTEST :
City Clerk
Form 1Tu
R'vise'l 11 19)'))
Pipe Line License
27th December __A. D. 19_71_ betweenAGREEMENT, made this - ----- -- -- --- ------_dav of____-__ --_----
MISSOURI-KANSAS-TEXAS RAILROAD) ('MMI'AN1'_____-__- -____-__hereinafter called "Licensor," and
CITY OF WICHITA FALLS, TEXAS Wichita Palls State Of
Texas hereinafter called "Licensee."
1. In consideration of ONE TIME CHARGE OF ONE HUNDRED TWENTY AND NO/100 ($120.00)
DOLLARS 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
12
sanitary sewageinchesindiametertobeusedforcarrying— SVIOSS 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
County of Wichita and State of
Texas
Said twelve (12") inch sanitary sewer pipe line enters said Railroad
Company's Northeasterly right of way line at an angle of 14 degrees,
more or less, measured to the left northwesterly from said Railroad
Company's Northeasterly right of way line, said point being opposite
main track valuation chaining station 193+62.3;
Thence continuing Northwesterly a distance of 23 feet, more or
less, to an angle point, said point being distant 6 feet measured
to the left, southwesterly, at right angles from said Railroad Company's
Northeasterly right of way line;
Thence deflecting an angle of 14 degrees, more or less, to the right,
northwesterly, parallel with and distant 6 feet, measured south-
westerly at right angles from said Railroad Company's northeasterly right
of way line, a distance of 245 feet, more or less, to an angle point;
Thence deflecting an angle of 6 degrees 10 minutes to the left, north-
westerly, a distance of 185.9 feet, more or less, to an angle point;
Thence deflecting an angle of 6 degrees 09 minutes to the right, north-
westerly, parallel with and distant 22 feet, more or less, measured
northeasterly at right angles from the centerline of said Railroad
Company's main track, a distance of 226.3 feet, more or less, to an angle
point, said point being a proposed manhole;
Thence deflecting an angle of 90 degrees to the left, southwesterly,
crossing under said Railroad Company's main track at main track valuation
chaining station 200+38, a distance of 72 feet, more or less, to the point
of leaving said Railroad Company's Northwesterly right of way line:
All as shown on print of Drawing B-4110 dated December 16, 1971, Office
of Chief Engineer, Denison, Texas, attached and made a part hereof.
Said pipe line shall be 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 operatliin 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
iicensee, and Licensee shall, upon demand, reimburse to Licensor all such cost with ten'per cent (1070)
thereon as a charge for supervision, accounting and use of tools. Ilut failure of Licensor to make such
repairs shall not release Licensee from liability for injury or damage resulting therefrom.
3. I f the presence or maintenance of said crossing on Licensor's premises as herein authorized shall
at any time, in the judgment of Licensor, interfere with any use Licensor may desire to make of said prcnt
or with the safe or convenient operation of its business, or if Licensee shall fail to keep any of I. -
pse '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 ! l tl`. thereof as a charge for supervision, accounting and use of tools, within ten (10) days after
Mallard 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
any claim or liability shall arise from the joint or concurring negligence of both
parties hereto, it shall be borne ky them equally. It is understood that it is not
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.
r This agreement shall hind and inure to the benefit of the parties hereto, their successors and as-
signs, or heirs, executors and administrators, but licensee shall nut assign the same without the written
consent of Licensor.
27th December 71
This agreement shall take effect the_-- -. -- -. day of....__._____- ----------------, I----
and unless terminated as above provided, shall continue in force for_ one '(1) _year _anti 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
r.itice. •
In TESTIMONY WHEREOF, witness our hands, this the day and year first above written.
MISSOURI-KANSAS-TI?XAS RAILROAD COMPANY
Licensor)
By
Title
Vice President
CITY OF WICHITA FALLS, TEXAS
Licensee)
By
Attest:Title Mayor
Address
coo Biggs & Mathews
4017 Faith Road
y y 6 e )
Wichita Falls, Texas 76308
Approv°d as to Form;
ice/-
City Attorney „le
File: T-18142
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