Ordinance No. 3,987ORDINANCE NO. 3987
AN ogmwoxx AUTHORIZING AND DIRECTM THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO LICENSE
AGREEMENT WITH THE SOUTHERN PACIFIC TRANSP13RTATION
COMPANY TO ALLOW CONSTRUCTION OF A SANITARY SEWER LINE-
ACROSS RAILROAD RIGHT-OF-WAY, AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN
Section 1: That the City Council of the City of Baytown, Texas, hereby
approves a License Agreement with the Southern Pacific Transportation Company to
allow the construction of a sanitary sewer line across railroad right-of-way to serve
the Sjolander Mobile Home Park. A copy of said agreement is attached hereto,
marked Exhibit "At" and made a part hereof for all intents and purposes.
Section 2: That the City Manager and City Clerk of the City of Baytown
J
I ' , are authorized and directed to execute an attest to the agreement with the
Southern Pacific Transportation Company for the above mentioned license -
Section 3: This ordinance shall take effect immediately from and after its
passage by the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the. City of Baytown, this the 25th day of October, 1984.
ALLEN CANNON, Mayor
ATTEST' .
EILEEN P. HALL, City Clerk
APPROVED.
-RANDALL 0. STRUNG, City Arttorney
I--=
1. Grant of WSW: Licensor hereby grants to Licensee the right to construct, reconstruct. maintain and opersta.
subject to the terms of this agreement. A 211-inch Sanitary Sever PVC Force *lain crossing in a
i
6 -inch steel casing
(berein called "structure t
at or near Baytown , County of Harris
tand State of Texas , in the location shown on the attacbed
print. Licensor's Drawing No. 84 -0137, dated August 14, 1984, made a part hereof.
This grant is subject and subordinate to the prior and continuing right of Licensor. its successors and assigns. to:.:
use all of its property in the conduct of its business. Licensor reserving full rights. consistent with the rights berein
granted, to construct. reconstruct, maintain and operate existing and additional transportation. communication,
pipeline and power facilities upon, over and beneath its premises.
2. Identifying Mincers: Markers in form and size satisfactory to Licensor shall be installed and constantly main-
tained by Licensee at Licensors property lines or such locations as Licensor shall designate and shall be relocated or
removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licensor
that there are no subsurface installations.
S. Costa: Licensee shall pay LicensorTwo hundred-Twenty five dollars( :225) partially to defray the cost of
handling.
Licensee shall bear the entire cost of constructing. reconstructing. maintaining and operating said structure on
Licensors premises, and will not allow any mechanics' or materialmen's liens to be enforced against Licensor's
premises by reason of any such work. Licensee shall reimburse Licensor for all cost and expense to Licensor in fur -
nishing any materials or performing any labor in connection with such work, including, but not limited t0. installation
of falsework and other protection beneath or along Licensor's tracks. and furnishing such watchmen, flagmen and tw"
spectors as Licensor deems necessary.
4. Construction and Maintenance: Said structure shall be constructed. reconstructed and maintained in ac-
cordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that
such plans conform with federal. state and /or local codes and regulations applicable thereto. All work upon or in con-
nection with said structure shall be done to Licensors satisfaction at such times and in such manner as not to interfere
with Licensor's operations. In the construction, reconstruction and maintenance of said structure. Licensee shall keep
Licensors premises in a neat and safe condition. failing which Licensor may do so at Licensees expense. it required by
Licensor in its use of Licensors premises, Licensee shall reconstruct, relocate or alter said structure. Except in
emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work `
on said structure. Licensee shall be responsible to Licensor for all work on or in connection with said structure. unless
performed by an independent contractor who shall have Licensors written permission before entering upon Liven-
sor s premises. =
Licensee shall cooperate with Licensor in making any tests it requires of any installation or condition which in its
judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any turret
lions thereafter. shall be borne:by Licensee.
No change shall be made by Licensee in the commodity being conveyed through said structure without
• prior written approval.
•1•
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Appro ed sa w Foam
by General Coaaid
3.P.. Tr -yn:, C: .Ion CO.
ORIGIN,u +Jr s
%!!
April 1, 1978
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RELMIS TBA- 18.88 -}t
THIS AGREEMENT, made this 15th &y of August
.18 84 ,
by and between SOUTHERN
PACIFIC TRANSPORTATION CO`fFAN
a corporation (Licensor), and
CITY OF BATTOkIN
(Licensee) address:
P. 0. Box 424
Baytown, Texas 77520
WITNESSETH:
1. Grant of WSW: Licensor hereby grants to Licensee the right to construct, reconstruct. maintain and opersta.
subject to the terms of this agreement. A 211-inch Sanitary Sever PVC Force *lain crossing in a
i
6 -inch steel casing
(berein called "structure t
at or near Baytown , County of Harris
tand State of Texas , in the location shown on the attacbed
print. Licensor's Drawing No. 84 -0137, dated August 14, 1984, made a part hereof.
This grant is subject and subordinate to the prior and continuing right of Licensor. its successors and assigns. to:.:
use all of its property in the conduct of its business. Licensor reserving full rights. consistent with the rights berein
granted, to construct. reconstruct, maintain and operate existing and additional transportation. communication,
pipeline and power facilities upon, over and beneath its premises.
2. Identifying Mincers: Markers in form and size satisfactory to Licensor shall be installed and constantly main-
tained by Licensee at Licensors property lines or such locations as Licensor shall designate and shall be relocated or
removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licensor
that there are no subsurface installations.
S. Costa: Licensee shall pay LicensorTwo hundred-Twenty five dollars( :225) partially to defray the cost of
handling.
Licensee shall bear the entire cost of constructing. reconstructing. maintaining and operating said structure on
Licensors premises, and will not allow any mechanics' or materialmen's liens to be enforced against Licensor's
premises by reason of any such work. Licensee shall reimburse Licensor for all cost and expense to Licensor in fur -
nishing any materials or performing any labor in connection with such work, including, but not limited t0. installation
of falsework and other protection beneath or along Licensor's tracks. and furnishing such watchmen, flagmen and tw"
spectors as Licensor deems necessary.
4. Construction and Maintenance: Said structure shall be constructed. reconstructed and maintained in ac-
cordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that
such plans conform with federal. state and /or local codes and regulations applicable thereto. All work upon or in con-
nection with said structure shall be done to Licensors satisfaction at such times and in such manner as not to interfere
with Licensor's operations. In the construction, reconstruction and maintenance of said structure. Licensee shall keep
Licensors premises in a neat and safe condition. failing which Licensor may do so at Licensees expense. it required by
Licensor in its use of Licensors premises, Licensee shall reconstruct, relocate or alter said structure. Except in
emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work `
on said structure. Licensee shall be responsible to Licensor for all work on or in connection with said structure. unless
performed by an independent contractor who shall have Licensors written permission before entering upon Liven-
sor s premises. =
Licensee shall cooperate with Licensor in making any tests it requires of any installation or condition which in its
judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any turret
lions thereafter. shall be borne:by Licensee.
No change shall be made by Licensee in the commodity being conveyed through said structure without
• prior written approval.
•1•
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5. I(ndemafflmtkm Licensee agrees to release iedenify Licensor from and against all liability. cost and ex.
pease for loss of or damage to property. and for injury to or death of persons lincluding, but not limited to the proper
ty ArA employees of each of the parties hereto) when &rising or resulting iron:
(a) use of said premises by Licensee, its agents, employees or invitees; or
(b) tht construction, reconstruction. maintenance, presence. use or removal of said structure; or
(e) breach of the contract by Licensee.
whether or not caused or contributed to by any negligent act or anission, active, passive
or pptherwise of any enployee of Licensor.
1f required b'y Licensor. Licensee shall provide evidence of insurance coverage in form and amounts satisfactory
to Licensor. insuring Licensee's liability hereunder.
The term "Licensor ". as used in this section. shall include the lessors, successors. assigns and affiliated companies
of Licensor. and any railroad company lawfully operating upon Licensors tracks.
6. Condemnation: In the event all or any portion of Licensors premises shall be condemned or taken for public
use, licensee shall receive compensation only for the taking and damaging of said structure. Any compensation or
damages for taking said premises or Licensee's interest therein, shall be assigned to Licensor.
is T. Termioatton: This agreement shall terminate:
(a) upon abandonment of said structure or discontinuance of the use thereof; or
(b) upon failure of Licensee to Porreet any default hereunder promptly after receipt of notice from I.icencor; or
(c) upon thirty (30) days' written notice by Licensor to Licensee; or
(d) upon thirty (301 days' written notice by Licensee to Licensor.
Upon termination of this agreement. Licensee shalt remove said structure and restore the premises to Licensors
satisfaction. failing which Licensor may arrange to do to at Licensee's expense.
8. Non- sasignabWty: This agreement is not assignable, in whole or in part, by Licensee without Lieensor's prior
written consent.
® 9. Stnmtum Speelficatiom Said structure shall be installed in accordance with the minimum
standards required by law, which in no event shall ever be less than the standards specified in
Form C.S. 1741, also attached and made a part hereof.
10. Notiew to Licalsoet; AD notices to Licensor hereunder shall be directed to
L. J. Armentor, District Manager, Real Estate
Southern Pacific Transportation Company
210 Johnston Street
Lafayette, Louisiana 70501
11. Section 12 on the attached insert is hereby made a part hereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate t
year first herein written. S-,,;iT�Rd i ~if: lC TRMSIVRAT
LVE 114 PACIFIC WSW 6 pY
ItsT r
By
Z- /17
041, big ct 7 et. Heal Estate,
LICENSEE
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By —
Mo.,
r.
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12. Envh mnental impairment: Licensee shall, at its expense, comply with all
applicable laws, regulations, rules and orders, regardless of when they become or became
effective, including without limitation those relating to health, safety, noise, environmental
protection, waste disposal, and water and air quality, and furnish satisfactory evidence of
such compliance upon request of. Licensor.
Should any discharge, leakage, spillage, emission, or pollution of any type occur upon
or from the premises due to Licensee's use and occupancy thereof, Licensee, at its expense,
shall be obligated to clean the premises to the satisfaction of Licensor and any governmental
body having jurisdiction thereover.
Licensee agrees to indemnify, hold harmless and defend Licensor against all liability,
,Y Ap cost and expense (including without limitation any fines, penalties, judgments, litigation eoats
and attorneys' fees) incurred by Licensor as a result of Licensee's breach of this section, or
as a result of any such discharge, leakage, spillage, emission or pollution, regardless of
whether such liability, cost or expense arises during or after the life of this agreement,
unless such liability, cost or expense is proximately caused sole'I9"6y' the active negligence
of Licensor.
Licensee shall pay all amounts due Licensor under this section, as additional rent,
within ten (10) days after any such amounts become due.
FORM 20-A
(8/83)
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