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Min 04/09/1973 730 Wichita Falls, Texas Memorial Auditorium Building April 9, 1973 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:00 o'clock P.M. , with the following members present: J. Winston Wallander Mayor Harry Campsey Harrison E. Taylor X Larry Lambert Aldermen Willard Still J. C. Boyd, Jr. X Peggy McCullough Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Alderman Lambert. Item 3 I Moved by Alderman Campsey that minutes of the meeting held March 20, 1973, be approved. Motion seconded by Alderman Still, and carried unanimously. Item 4 Mayor Wallander presented an honorary citizen award to AlC Martha Penson, as Airman of the Month. E Item 5a A proposed ordinance was introduced, annexing Lake Arrowhead, Phase II. ORDINANCE NO. 2780 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS , TEXAS , BY ANNEXING CERTAIN LANDS ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS , TEXAS , WHICH LANDS ARE DESCRIBED IN THIS ORDINANCE. Moved by Alderman Taylor that Ordinance No. 2780 be introduced. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. I j Item 5b 1 A proposed ordinance was presented determining the necessity for reconstruction of two additional streets to be added to the 1973 reconstruction program. ORDINANCE NO. 2781 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS , DESIGNATED AS A PORTION OF THE 1973 731 Item 5b, cont'd. RECONSTRUCTION PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Campsey that Ordinance No. 2781 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. Item 5c i A proposed ordinance was presented amending Section 15-127 of the Code of Ordinances pertaining to Fire Department officer positions. ORDINANCE NO. 2782 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES , CHANGING THE NUMBER OF POSITIONS IN THE FIRE DEPARTMENT CLASSIFICATIONS OF CAPTAIN AND LIEUTENANT, AND CHANGING THE TITLE OF THE CLASSIFICATION OF FIREMAN TO FIRE FIGHTER. Moved by Alderwoman McCullough that Ordinance No. 2782 be passed. Motion seconded by Alderman Still, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. Item 6a A proposed resolution was presented approving a contract with Biggs and Mathews for engineering services for sewer extensions to Washex. RESOLUTION NO. 1404 RESOLUTION APPROVING CONTRACT WITH BIGGS & MATHEWS, INC. FOR ENGINEERING SERVICES ON SEWER LINE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain contract dated March 27, 1973 between the City of Wichita Falls and Biggs & Mathews, Inc. , consulting engineers, whereby the City retains Biggs & Mathews, Inc. for all engineering service required in connection with the con- struction of a new sewer line to the Washex Industrial Plant and to the northern city limits near Missile Road, and which provides for compensation for the basic services performed at 8% of the cost of construction, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Boyd that Resolution No. 1404 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. Item 6b A proposed resolution was presented authorizing execution of a lease with the Federal Aviation Administration for additional space at Municipal Airport. v RESOLUTION NO. 1405 RESOLUTION APPROVING LEASE NO. DOT-FA73SW-1163, whereby the City of Wichita 732 Item 6b, cont'd. Falls leases to the United States certain space in the new extension of the airport terminal building to be used for FAA Wichita Falls Sector Field Office is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Fall. Moved by Alderman Still that Resolution No. 1405 be passed. Motion seconded by Alderman Taylor, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None. Item 6c r A proposed resolution was presented authorizing the filing of a community development statement with HUD regarding special revenue sharing. RESOLUTION NO. 1406 RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY DEVELOPMENT STATEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, it is anticipated that Congress will enact legislation providing for Community Development special revenue sharing; and, WHEREAS, the Department of Housing and Urban Development has requested that the City of Wichita Falls participate in an Annual Arrangement Program; and, WHEREAS, the City of Wichita Falls desires to participate in such program, and has prepared a Community Development Statement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The filing by the City Manager of such Community Development Statement with the Department of Housing and Urban Development is hereby authorized. Moved by Alderman Taylor that Resolution No. 1406 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough. Nays : None Item 6d i A proposed resolution was presented approving contracts with Fort Worth and Denver Railroad for water and sewer line crossings to Amoco property. RESOLUTION 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 Railway 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. Moved by Alderman Still that Resolution No. 1407 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. 733 Item 7a i Permission was requested to advertise for bids for police van for the police department crime prevention unit. This van will be paid for out of the grant approved by the Criminal Justice Council. Moved by Alderman Taylor that authority be granted to advertise for bids as requested. Motion seconded by Alderman Campsey, and carried unanimously. Item 7b Permission was requested to advertise for bids for an estimated annual supply of various chemicals for the Water Purification Department. a. 100,000 lbs. sodium hexametaphosphate b. 580 tons ferrous sulphate (copperous) c. 464,000 lbs. silicate of soda d. 1,680 tons quicklime Moved by Alderman Still that authority be granted to advertise for bids as requested. Motion seconded by Alderman Lambert, and carried unanimously. Item 7c Permission was requested to advertise for bids for microfilm equipment for law enforcement records keeping, Health Department, and Library. Moved by Alderman Campsey that authority be granted to advertise for bids as requested. Motion seconded by Alderman Lambert, and carried unanimously. Item 7d Permission was requested to advertise for bids for installation of fluorida- tion equipment. Moved by Alderman Lambert that authority be granted to advertise for bids as requested. Motion seconded by Alderman Taylor, and carried unanimously. Item 7e Permission was requested to advertise for bids for cathodic corrosion protec- tion for three million gallon steel tank at Cypress Street water plant. Moved by Alderman Campsey that authority be granted to advertise for bids as requested. Motion seconded by Alderman Lambert, and carried unanimously. Item 7f Permission was requested to advertise for bids for sanitary sewer relocation on Kell Boulevard from Holliday to Kemp. Moved by Alderman Boyd that authority be granted to advertise for bids as requested. Motion seconded by Alderman Campsey, and carried unanimously. 734 Item 8 Moved by Alderwoman McCullough that minutes of the meetings of the following boards be received. a. Park Board - March 27, 1973 b. ' Electrical Examiners - March 27, 1973 C. Planning Board - March 14, 1973 Motion seconded by Alderman Boyd, and carried unanimously. Item 9 The deferred request of Mack McCray to allow sale of alcoholic beverages for on-premise consumption in licensed dance halls was presented. ORDINANCE NO. 2778 i ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES , TO ALLOW SALE FOR CONSUMPTION ON THE PREMISES WHERE SOLD OF VINOUS AND MALT LIQUORS AND BEER IN CERTAIN LICENSED DANCE HALLS. Moved by Alderman Lambert that Ordinance No. 2778 be passed. I Motion seconded by Alderwoman McCullough, and carried by the following vote: I Ayes : Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays : None. i Item l0a 1 Ronnie Wood, Director of Finance, recommended the appointment of the firm of Jarratt, Cocke, and Tillery as independent auditors for the 1972-73 fiscal audit. Moved by Alderman Lambert that the appointment be made as recommended. Motion seconded by Alderman Taylor, and carried unanimously. Item 10b It was recommended that the date for a public hearing on hazardous structures be set for May 1, 1973. i Moved by Alderman Still that the public hearing be called for May 1, 1973, as requested. Motion seconded by Alderman Campsey, and carried unanimously. Item 10c and d The Council, with the assistance of the City Attorney and City Clerk, canvassed the votes for the April 3 city election for Officers and the sewer bond election. RESOLUTION NO. 1408 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS, ON APRIL 3, 1973, FOR THE PURPOSE OF ELECTING ALDERMEN FOR POSITIONS NO. 1, NO. 2, and NO. 3. WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita Falls, Texas, held in the Memorial Auditorium Building on the 9th day of April , 1973, at which time a quorum was present, came on to be considered the returns of the municipal election held on the 3rd day of April, 1973, for the purpose of electing Aldermen for Positions No. 1, No. 2 and No. 3; and, WHEREAS, after canvassing the returns of said election, it was found to be duly and legally held in all respects, and there were cast at said election 8599 votes for the election of three Aldermen; and that 735 Item 10c and d, cont'd. FOR ALDERMEN POSITION 1: Harry Campsey received 6066 votes Louis Esquibel received 2404 votes Write-in votes 7 votes FOR ALDERMAN, POSITION 2: Joe E. Shaddock received 2776 votes Harrison E. Taylor received 5693 votes Write-in votes 2 votes FOR ALDERMAN, POSITION 3 : Pauline (Mrs. John) Penn received 3373 votes Lonny D. Morrison received 5128 votes Write-in votes 3 votes AND, it appearing that marry Campsey received the greatest number of votes at said election for Alderman, Position 1; that Harrison E. Taylor received the greatest number of votes cast at said election for Aldermen, Position 2; and that Lonny D. Morrison received the greatest number of votes cast at said election for Alderman, Position 3. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT Harry Campsey, Harrison E. Taylor and Lonny D. Morrison were duly and legally elected Aldermen of the City of Wichita Falls, Texas, at said election, and that said election was in all respects legally held in accordance with the laws of the State of Texas and the Charter and Ordinances of the City of Wichita Falls. Moved by Alderman Still that Resolution No. 1408 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen Campsey, Taylor, Lambert, Still, Boyd, and McCullough Nays: None. RESOLUTION NO. 1409 RESOLUTION CANVASSING ELECTION RETURNS THE STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS WHEREAS, the Board of Aldermen of said City duly ordered an election to be held in said City on the 3rd day of April, 1973, on the PROPOSITION hereinafter stated; and WHEREAS, said Board of Aldermen has investigated all matters pertaining to said election, including the ordering, giving notice, officers , holding, and making returns of said election; and WHEREAS, the election officers who held said election have duly made the re- turns of the result thereof, and said returns have been duly delivered to said Board of Aldermen. THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS : 1. That the Board of Aldermen officially finds and determines that said election was duly ordered, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the result of said election have been made and delivered, and that the Board of Aldermen has duly can- vassed said returns, all in accordance with law and the Resolution calling said election. 736 Item 10c and d, cont'd. 2. That the Board of Aldermen officially finds and determines that the following votes were cast at the election, on the submitted PROPOSITION, by the re- sident, qualified electors of said City who voted at the election: i i PROPOSITION 7505 VOTES : FOR ) i ) THE ISSUANCE OF $2,000,000 i ) OF SEWER SYSTEM REVENUE BONDS 1058 VOTES : AGAINST ) 3. That the Board of Aldermen officially finds, determines, and declares the result of said election to be that the PROPOSITION so submitted has received a favorable majority vote in all respects and has carried, and that the aforesaid bonds may be issued in accordance with law. Moved by Alderman Lambert that Resolution No. 1409 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Taylor, Lambert Still Boyd, and McCullough � Y P Y� Y Y � g Nays : None. — — — — — — — — — Mayor Wallander lauded Alderman Lambert for his service on the Council. The Council echoed his sentiments. Alderman Lambert expressed his pleasure of serving on the Council, and com- plimented the City Manager, stating that the citizens perhaps don't realize how tight-fisted he really is, and that he administers faithfully the policies estab- lished by the Council. The Mayor announced that the City Manager 's secretary, Anita West, is leaving, and called her to come to the front, stating that he has enjoyed working with her. Item l0e Mayor Wallander administered the Oath of Office to Harry Campsey, Harrison Taylor, and Lonny Morrison. H. L. Goldstucker appeared, explaining that he is in the real estate and mortgage loan business. He stated that Mr. and Mrs. B. G. Harmon of 1120 Hawthorne Street, had requested that they sell their house, and that nothing was known about the paving of the street until the day they were to close the sale. He re- ferred to Ordinance No. 2690 authorizing the paving. He stated that no work has been done since March 1972. They are requesting that the paving order be rescinded so that they can dispose of the property. The City Manager stated that Mr. Harmon had spoken to him and also the City Attorney. He stated that it is not unusual to take this long to pave a street. This street is already under contract, and he understands that Mr. Harmon signed the petition requesting the paving, and assumes that he was notified. Mr. Fox advised that the owner and prospective buyer work out the details. Mayor Wallander stated that they would look into it, and give him an answer next Tuesday. Mr. Goldstucker stated that no lien can be placed on it since it is a homestead. Moved by Alderman Still that Mr. Lambert's chair be presented to him. Motion seconded by Alderwoman McCullough, and carried unanimously. The meeting adjourned at 9:40 P.M. PASSED AND APPROVED this 17� day of _ , 1973. ATTEST: �Ma�yor City Clerk CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT OF WAY this 20th da of Februar 73 THIS AGREEMENT Made and entered into as of y ...... .----•------- y.......................................... 19.-........ between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the"Railway," and.......................................................................... CITY OF WICHITA FALLS ------------ --------•------------------------.-------------- --..................---------......-----------................................................. ............................... ----------- ---------------------------------------------- .. -------- - -------------------------.................-------------------------------- . ------------------•-............................................. Wichita Falls Texas of...--.............................................................. ... - .....................................State of-----......... .....-------------------------------------.....................................--------•--........, hereinafter called the"Licensee." WITNESSETH: ARTICLE 1: In consideration of..-One and no/100 dollars (Yl.00) initial and only-------------------------................... -- --------- ----------------------------- to be paid by Licensee to Railway immediately upon the execution of this agreement 2ind mi 2timuni teiibni mi @._....__................._.-..--- pa,nigie in fed omme, and upon the terms and conditions hereinafter set forth,Railway hereby grants unto Licensee license to enter upon the premises of Railway at ov-fiww........................................ 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 be 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. ARTICLE 4:,In the event any cathodic electrolysis or other electrical grounding system is installed,in cqnn!�ction with said pipe line which in the opinion of 11aik%av 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,uch 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. 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 C0MPANY. Secretary. By...................__................. - ........ _........................................................ ATTEST: Its Asst. to President y CITY OF WICHITA FALLS ._-------------------------------------------------_---..----...----.................................. --.--..... ..........................................I........ --....................................................._------------ Licensee. APPROVED AS TO FORM: By-- -----------------------------•--- ......--.--.------...-----...........---.--........----------................. its _............ ....... ..............L........ Attorney. Recom ended: __... .....- -�"---- ..-............................. ..- •------------..... .....-......--.----. --....--- C hi ngineer _ General Superintendent ..................... Supt. Communications & Signals -......................•.....................................-----•--- ` CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT OF WAY this 20th da of Februar- 73 THIS AGREEMENT, Made and entered into as of.......................... -----s....---.th----..�......................- ---'� 19........_, between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the"Railway," and.......................................................................... CITY OF WICHITA FALLS - ------------- ----------------------_----------- -------- -------------_...------------.-.-........ ---------------....... ----............................................._......---........---........................ Wichita Falls Texas of - - - - - - ------------------------------------.............. of....--.---•--...........I------.....---------.....------•---------............................---.................., hereinafter called the"Licensee." WITNESSETH: ARTICLE 1: In Consideration of..One--.&-..no/100 dollars ($1.00) initial and only to be paid by Licensee .......... ........ ................. ........ to Railway immediately upon the execution of this agreement, MW an anndai PiMal ei$-- and upon the terms and conditions hereinafter set forth,Railway hereby grants unto Licensee license to enter upon the premises of Railway at etw"w....P+I......ile........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. ............hZarked 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 be 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. roam 310 . r- Sheet 2 of 2 s � V 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 fi: 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. Ry.................................. .. .. .--.-----•. -....................................................... ATTEST: Its Asst. to President CITY OF WICHITA FALLS ------------.....................................--------..................................---------:----------------- Licensee. APPROVED AS TO FORM: „ / _7 --- By--............................................... ---------•------•---........................................... Its >>. 'r Attorney. Recommended: -- ... ......................-------------------...--.....--•-----------...------------------------*--...- C f.Lngineer General Superintendent .......... ......................................... ................... ..........------.... .......----.....I.................................................... Su-n . Comm inica. Ann,7 Pc Si.rrrP.1 q