CC Resolution No. 728 1211
RESOLUTION NO. 728
A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO ENTER INTO A LICENSE AGREEMENT WITH MISSOURI
PACIFIC RAILROAD COMPANY FOR THE CROSSING OF THEIR
EXISTING RIGHT-OF-WAY WITH A 12-INCH CEMENT WATER LINE;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF .
WHEREAS , the City of Baytown plans to construct improve-
ments to its water main 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 to cross its right-
of-way; NOW THEREFORE,
BE IT RESOLVED 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 12-inch
cement water line. The location of said crossing is described
in the license agreement as follows , to wit :
Mile Post 25.47, (tract or right-of-way)
Engineer ' s Chainage Station 998+86, Harris
County, Texas, at Baytown .
Section 2 : This resolution shall take effect from and
after its passage.
1212
INTRODUCED, READ, and PASSED by an affirmative vote of
the City Council of the City of Baytown this the 24th day
of April 1980.
V
MMETT 0. HUTTO, ayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
C c &014-11
SCOTT BOUNDS, City Attorney
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1213
E X H I B I T "A"
JSw 116-239-8 Form 20021 10/74 1214
PIPE LINE LICENSE
THIS INSTRUMENT, executed in duplicate, April 15 19 80, WITNESSETH:
The undersigned Carrier hereby grants, but on solely the herein expressed terms and
conditions, and the undersigned Licensee ( a Municipal Corporation ) ,
(individual, copartners or corp. & state where incorporated)
to be addressed at P. 0. Box 424, Baytown, Texas 77520
hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying
potable water the Licensee's own one certain proposed
(number) (proposed or existing)
continuous line of asbestos cement pipe , 12 inches in diameter, and appurtenances,
including 20-inch steel liner plate, 40 feet long , herein called Pipe Line, on
the Carrier's property, herein called Premises. Pipe Line will be used to transport
potable water
Pipe Line shall intersect Carrier's existing
track , C at Mile Post 25.47, 76f$
(track or right of way) Engineer's Chainage Station 998+86,
Harris County Texas , atl@6CC Baytown
(county or parish) (state) (place)
Approximate location of Pipe Line is indicated by heavy blue 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 time to 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 five and one-half feet 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 cost thereof.
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 Carrier Five Hundred
dollars for the license granted herein. Any other payment shall be made within twenty
days following receipt of bill. Licensee shall pay cost to Carrier for all labor, includ-
ing wages of foremen, cost of material f.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.
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 out of or in connection with the laying, maintenance.
renewal, repair, use, existence or removal of Pipe Line, including the breaking of
same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and
the contents thereof regardless of how caused and regardless of any negligence on the
)art of Carrier, or otherwise.
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1215
TC l TTp_^I -B
Form 20021 10/74
3. Term 'hereof shall begin with April 15 19 80 , and continue there-
after until concluded (1st) by expiration of --------- thirty days following serving,
by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof
or (2nd), at Carrier's election without further notice, by expiration of ----------- six
months without the Pipe Line having been installed or by Licensee failing (a-1) to cure
any default or (a-2) to show statutory right to install Pipe Line 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 Pipe Line not so removed shall at Carrier's
election without notice be deemed abandoned. Covenants herein shall inure to or. 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
Dy express agreement acceptable to`Carrier.` Carrier or'-Licensee may waive any' default at
any time of the other without affecting, or impairing any right arising from, any sub-
sequent default.
MISSOURI PACIFIC RAILROAD COMPANY
WITNESSES: LL f
By
General Manager
a� t, =s< . .�, As Carrier, first-party herein
ATTEST:
X By
Secretary .CITY OF BAYTOWN
(Affix Seal)
WITNESSES: X By
Mayor
------ - As Licensee, second party herein
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1216
M. F. JOINT
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OFFICL4 OF ASSISTANT ENGINEER.
NOTEBOOK SCALE\"_ \Q�pl
DRAFTSMAN�So I DATE �G, '�� FILE NO.
RUCKERT CO. iM 121M C- 5 h6-