Ordinance No. 2,022ORDINANCE NO.2022
AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO ENTER INTO A LICENSE AGREEMENT WITH MISSOURI
PACIFIC RAILROAD COMPANY FORTHE CROSSING OF THEIR
EXISTING RIGHT OF WAY WITH A 30-INCH STORM SEWER LINE,
AUTHORIZING AND DIRECTING THE PAYMENT BYTHE CITY OF
THE SUM OF ONE HUNDRED AND NO/100 ($100.00)DOLLARS,
WITH REGARD TO SAID LICENSE AGREEMENT,AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,the City of Baytown plans to constructimprove
ments to its storm sewer system;and
WHEREAS,said improvements will require the crossing of
existing right of way of the Missouri Pacific Railroad
Company;and
WHEREAS,the Missouri Pacific Railroad Company has
tendered a license agreement to the City for said crossing
thereby authorizing the City to cross its right of way and
further providing forthe payment of One Hundred and No/100
($100.00)Dollars fee for said crossing;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:That the City Manager and City Clerk of the
City of Baytown are hereby authorized to enter into a
license agreement with Missouri Pacific Railroad Company for
the crossing of their existing right of way with a 30-inch
storm sewer line.The location of said crossing is described
in the license agreement as follows,to wit:
MilePost 33+888 feet,(tract or right of way)
Engineer's Chainage Station 1405+44,Harris
County,Texas at Baytown.
Section 2:That payment to the said Missouri Pacific
Railroad Company in the amount of One Hundred and No/100
($100.00)Dollars with regard to said licenseagreement is
hereby authorized and directed.
Section 3:Effective Date:This ordinance shall take
effect from and after its passage by theCityCouncil of the
City of Baytown.
INTRODUCED,READ and PASSED by an affirmative vote of
the City Council of the City of Baytown this the 10th
day of June 1976.
TOM GENTRY,Mayor
ATTEST:
EILEEN P.HALL,City Clerk
APPROVED:
SL.
RDSON,City Attorney
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EXHIBIT "A"
Form 20021 6/69
PIPE LINE LICENSE
THIS INSTRUMENT,executed in duplicate,June 2 ,1976 ,WTENESSETH:
The undersigned Carrier hereby grants,but on solely the herein expressedterms and
conditions,and the undersigned Licensee (a Municipal Corporation ),
(individual,copartners or corp.&state where incorporated)
to be addressed at poo0 Box 424,Bay town,Texas 77520 ,
hereby accepts,permission to install,keep,maintain,repair,renew and use for conveying
storm water the Licensee's own one certain proposed
r-ttin-Fnrrori (number)(proposed or existing)
continuous line of concrete Pipe*,30-inches in diameter,and appurtenances,
iKDcboflingc ,herein called Pipe Line,on
the Carrier's property,herein called Premises.Pipe Line will be used to convey storm
water
*Class V
.Pipe Line shall intersect Carrier's existing
right of way ,xinc Mile Post 33+888 feet 3o6cSaco*d»»,
(track or right of way)Engineerxs Chainage Station 1405+44
XXXXXXXXXJPCHX ,Harris County ,Texas ,atxsrxHfflMsc Baytown
(county or parish)(state)(place)
Approximate location of Pipe Line is indicated by heavy black line on
Exhibit A attached hereto as part hereof.
1.Licensee shall at all times keep Pipe Line in good state of repair.All work by
Licensee hereunder shall be performed in a safe and workmanlike manner.Licensee shall
furnish or do at Licensee's own cost and responsibility any and all things and when and
as from timeto time required to accomplish whatsoever the Licensee attempts or is bound
to do at any time hereunder.Licensee shall adjust Pipe Line to any physical change as
made at any time in any of Carrier's property;at all times keeping upper surface of Pipe
Line at least—four and one-halffeet below bottom of rail thereover.
Licensee shall cause Pipe Line,before being used for anything inflammable,to conform
substantially to Exhibit B attached hereto as part hereof.Said things,including the
time and manner of doing any work,each shall conform to the requirements of Carrier as
well as of any State,Federal or Municipal authority.Carrier may acting for Licensee
furnish or do,and Licensee shall pay and bear the cost of,anything which,herein required
of Licensee at any time,either shall not be furnished or done within ten days following
Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request;
and Licensee on request shall in advance deposit with Carrier the estimated costthereof.
If deposit be less than actual cost,Licensee shall pay the difference;if more,Carrier
shall repay difference.Licensee when returning this license (signed)shall pay to Car
rier one hundred dollars fccK&croerxKlBaMsa^XElMiaxfcsfcxadxiJra
Any other payment shall be made within twenty days following receipt of bill.Licensee
shall pay cost to Carrier for all labor,including wages of foremen,cost of material
zf.o.b.Carrier's rails plus freight at tariff rates to point of use,plus taxes and usual
railroad additives.No provisions of this paragraph,nor approval by Carrier of any of
Licensee's undertakings,shall relieve Licensee of any responsibility or liability.
*forthe license granted herein,,
2.Licensee agrees to'(a)indemnify and save harmless the Carrier from and against
all claims,suits,damages,costs (including attorneys'fees),losses and expenses,in any
manner resulting from or arising outofor in connection with the laying,maintenance,
renewal,repair,use,existence or removal of Pipe Line,including the breaking of the
same or any leakage therefrom,and (b)assume all risk of loss or damage co PipeLine and
the contents thereof regardless of how caused and regardless of any negligence on the
part of Carrier,or otherwise.
Form 6/69
6/uo
3.Term hereof shall begin with June 2,19 76,and continue there
after until concluded (lst)by expiration of——-thirty days following serving,
•'Licensee on Carrier,or vice versa,of written notice of intention to end term hereof
(2nd),at Carrier's election without further notice,by expiration of —six
,nths without the Pipe Line having been installed or by Licensee failing (a-l)to cure
defaultor (a-2)to show statutory right to install PipeLine within --thirty
days following Carrier's written request therefor.Any notice of Carrier shall be deemed
served when posted conspicuously on Pipe Line or when deposited postage prepaid in U.S.
mail addressed as aforesaid.Not later than last day of term hereof Licensee shall
remove Pipe Line and restore Premises.Any of PipeLine not so removed shall at Carrier's
election without notice bedeemed abandoned.Covenants herein shall inure toor bind each
party's heirs,legal representatives,successors and assigns;provided:no right of
Licensee shall be transferred or assigned,either voluntarily or involuntarily,except
by express agreement acceptable to Carrier.Carrier or Licensee may waive any default at
any time of theother without affecting,or impairing any right arising from,any sub
sequent default.
MISSOURI PACIFIC RAILROAD COMPANY
WITNESSES:
By_
General Manager
As Carrier,first party herein
ATTEST:
By
CITY OF BAYTOWN
(Affix Seal)
WITNESSES:'
Secretary
R\7
Mayor
As Licensee,second party herein
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