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R-79-250 - 10/16/1979R. B. SCHOULTZ ASSISTANT TO GENERAL MANAGER MISSOURI PACIFIC RAILROAD CO. Mr. Bob Bennett City Manager City of Round Rock 214 E. Main Street Round Rock, Texas 78664 Dear Mr. Bennett: 50D UNION STATION BUILD/NO 501 CRAWFORD ST. HOUSTON, TEXAS 77002 TEL. AREA CODE 713 227 -3151 G. T. GRAHAM G. R. LILLY GENERAL MANAGER A. DISTRICT R . L SHOENER J. D. HOPE ASSISTANT GENERAL MANAGER MECHANICAL SUPERINTENDENT October 16, 1979 JCS 116- 1944 -2 u6- 1944 -3 0. E. KNOX A SSISTANT TO GENERAL MANAGER LAND, LEASES ANTI CONTRACTS Reference is made to your telephone conversation this date with Mr. Jim Scott concerning the City's request for two (2) pipe line occupancies from Mile Post 161.31 to 161.38 and Mile Post 161.41 to 162.28 at Round Rock, Texas. • . Attached are duplicate originals of Pipeline Licenses covering this request. Both Licenses are for a one -time fee of $400.00 and $4,000.00, respectively, with each having a $100.00 preparation fee. We ask that you arrange for execution, having the City Secretary attest and affix seal in the spaces provided on each of the originals. We will also require a Resolution authorizing the Mayor to execute these agrees ments. The executed Licenses, Resolution, and $4,600.00 should be returned to the undersigned for execution and processing by the Railroad, which will return a fully executed License for each pipe line for the City's files. Sincerely, ds q 319 Attachments I pyri/ I�Sv /12. 7/30 un►��s� a i�3Rwi� a��� ��. - /g -WZO brt , 7 -t 24).63 /979 / dnd0,0 LARRY L TORN Mayor MIKE ROBINSON Mayor Pro•tem COUNCILMEN LAWRENCE "HAW HESTER BILL BUROAN PETE CORREA TOM LOPEZ STEVE PENA BOB BENNETT City Manager STEPHAN L. SHEETS Clty Attorney • JOHN R. CARTER Mun:cipal Judge "GOOD LIVING WITH A PROUD HERITAGE" THE CITY OF ROUND ROCK _ 214 E. Main St. • AC 512 - 255 -3612 • Round Rock, Texas 78664 January 10, 1980 ;- Mr. 0.E. Knox Assistant to General Manager Land ;'Leases and Contracts Missouri Pacific Railroad Co. 502 ' Station Building 501' Crawford Street Houston, Texas - 77002'`, Dear Mr. Knox: • Please accept'our apology for the delay in returning the enclosed executed pipe line licenses.' Also enclosed you will find a certified copy of the resolution authorizing the Mayor to " - `to execute the licenses'and'a City of.Round Rock check inrthe amount-of . a •. •e- n I : i..: - �� e.: _ : ,Please be assured-tthat we will be`more'prompt in matters that relate to the Missouri Pacific Railroad in the future. 'Sincerely, RLBj:jl Enclosure City of Round Rock Pipe Line Licenses Robert L. Bennett, Jr., AICP City Manager City of Round Rock r., :_c:.zi�sc:.�:Yi'r'vrat�•�s�wr.•a.�C�—3v'..�-`>. FIRST,NATIONAL`BANK', OF ROUND ROCKS 1 P.O.DOXS l ttli�' ' 4,• - ' ROUND ROCK,7EXA'S 76�664� OH labd �.dt J, a� {•a t d�.t'.Gtr,3c�i��i°• '` "f • ate r r ; f t .t•'• ii rAi, t{e; r Esti ' 'o3 00 A pq .o n, �, i _'Ay fg • Ott�Fi��t _'a S i.d,��ro 6' �, + ,� E l M1 f a t its`C i; 4•, P's( 45mCJSiro , •'RJCS 116- 1944 =2 RECITAL S: Form 20006 3/71 PIPE LINE LICENSE THIS AGREEMENT, executed in duplicate this 16th day of October , 19 79, by and between Missouri Pacific Railroad Company a Delaware corporation, hereinafter called "Carrier ", to be addressed at 210 North 13th Street, St. Louis, Missouri 63103, and the City of Round Rock , a Municipal corporation, hereinafter called "Licensee ", to be addressed at 214 East Main Street, Round Rock, Texas 7 866 , W1TNESSETR* • Licensee has requested of Carrier license and permission to install, keep, maintain, use and remove, for the purpose of conveying water , its proposed pipe line , 12 inches in diam- eter, on, along, across and beneath the surface of certain of Carrier's right of way lands at smammaxx Round Rock , Texas to which Carrier is agreeable but solely upon the terms and conditions hereinafter set forth. - 1 - NOW, THEREFORE, in consideration of the premises and of the covenants and agreements hereinafter. contained, it is agreed: 1. Carrier hereby grants, solely to the extent of its right, title and interest, and Licensee hereby accepts license and permission to install, keep, maintain, use, repair, renew and ultimately remove its one certain continuous line of asbestos cement pipe, 12 inches in diameter, and appurtenances, hereinafter called "Pipe Line ", for the purpose of conveying water at a maximum pressure of $0 pounds per square inch, on, along, across and beneath the surface of certain of Carrier's right of way lands, as well as crossing beneath Carrier's track ,hereinafter col- lectively called "Premises ", situated between Engineer's Chaining Station 8522+80 (Mile Post 161.41 ) and Engineer's Chaining Station 8568 +42 (Mile Post 162.28 ), txx2xxXimx PcT453701412:i1 xxRxxg , in Williamson County or 3dr,RiNk :tx , Texas , at x25J Round Rock The license and permission hereinabove granted to Licensee are subject and subordi- nate, however, to the rights in Carrier, its successors and assigns, its lessees and licensees, to construct, reconstruct, operate, use, maintain, repair and renew on, beneath or above Premises any telephone, telegraph, power and signal lines and poles, tracks, roadways, pipe lines and facilities of similar or different character as are now or in the future may be located on, beneath or above any of Premises. The license and permission herein granted (a) are limited to such title and rights as the Carrier may have in the Premises concerned, and the Licensee shall secure such permission as may be necessary on account of any other existing rights (including, without limitation, rights of tenants, subtenants, licensees, and others occupying or using the Premises concerned with Carrier's permission) and (b) are granted without any warranty, express or implied. Licensee hereby agrees to exercise the herein - granted rights in such a manner as not to interfere in any way with any existing prior rights. No damages shall be recoverable from Carrier because of any dispossession of Licensee or because of any failure of, defect in, or extinction of Carrier's title. 2. Licensee shall pay and Carrier shall accept the sum of $100.00 as a . one -time fee as reimbursement for clerical, administrative and handling expenses plus • 1 the sum of $ 4,000.00 aImmi -ly in advance for the privilege granted herein. fimoba >... >.. .. , �a .. rorm zuuuo 3/7 3. The approximate location of Pipe Line is shown in heavy blue lines , on Carrier's Southern District white print dated April 12, 1978 , , - , File No. 116- 1944 -2 , prepared in Office of District Engineer, Houston , Texas i marked Exhibit "A ", attached hereto as part hereof. Licensee shall install and construct Pipe Line in accordance with the plans and details shown on said Exhibit "A ". - " Pipe Line shall consist of the following items located on Premises: 12 inch asbestos cement pipe paralleling on south side of right of way. Pipe Line will cross under track at ECS 8568+42 inside a 24 -inch RCP Class V casing, 30 feet long. If so requested by Carrier, Licensee shall submit to Carrier all plans and speci- fications with respect to any work to be performed hereunder, which shall be subject to Carrier's approval. No provision of this or any other paragraph hereof, nor approval by Carrier of any of Licensee's plans, as provided herein or elsewhere in this agree- ment, or of Licensee's undertakings, shall relieve Licensee of any responsibility or liability. - -- Carrier shall have the right to perform, at the expense of Licensee, any part of the work which, in Carrier's judgment, is deemed necessary (a) for the better safety of Carrier's property, traffic, employees and patrons, or (b) to avoid labor disputes which may adversely affect Carrier. 4. 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, at its sole cost, 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 Akmaxand one -half feet below bottom of rail thereover, and at least three feet beneath surface of ground beyond ballast section. Licensee shall cause Pipe Line, before being used for anything inflammable, to conform substantially to the requirements shown on Carrier's Standard Form No. 24002, marked 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, act- ing 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 30 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. Payments hereunder shall be made by Lic nsee within twenty days following receipt of bill. Licensee shall pay cost to Carrie for all labor, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health and welfare benefit payments applicable to said labor, Carrier's cost price of all materials f.o.b. Car- rier's rails, plus 10% to-cover handling and accounting, plus freight at tariff to point - 2 - - 3 - Form 20006 7/ of use, and excise taxes applicable to said labor and materials. Carrier may con- nect with and discharge sewage into Pipe Line while serving as sewer. No facilities shall be erected or installed, and no materials stored or placed, or equipment operated, nor shall any person acting for Licensee's account be permitted to be, closer than ten feet (measured horizontally on the ground) ,.,: from the nearest rail. No facilities shall be attached to or placed upon any of , Carrier's buildings, structures or improvements. Licensee shall not cross Carrier's tracks with heavy equipment except at public road crossings, or at such locations. and on such terms and conditions as Carrier may specifically approve. Licensee shall require any of its contractors and subcontractors to observe and conform to the conditions and requirements specified herein; and for the pur- poses of the safety, protective and indemnification provisions hereof, such contractors and subcontractors, their agents, servants and employees, and other .persons on the Carrier's premises at the invitation of the Licensee, its contrac- tors or subcontractors, shall be deemed the agents or employees of the Licensee. Licensee shall install and at all times keep and maintain Pipe Line in a safe condition, so that same shall not interfere with, impair, endanger, or prevent the safe and continuous use and operation of the railroad and property of Carrier, and shall in any event upon notice in writing from the Carrier promptly maintain, repair, remove, strengthen or adjust Pipe Line, or any part thereof. Pipe Line,shall, where possible, be installed by boring or jacking. Where any work in connection with Pipe Line involves excavation, trenching or boring, plans therefor (including details for protecting Carrier's operations) shall be submitted to Carrier for advance approval, and special care shall be taken by Licensee to protect Carrier's property and operations and in backfilling and securely and soundly tamping suitable earth or fill to prevent washouts, under- mining or other damage to Carrier's roadbeds, tracks and appurtenances thereon. Promptly following performance of any work under this agreement, Licensee shall do all things necessary to restore Premises and any property thereon to an adequate and proper condition in accordance with good engineering practices. Licensee shall, except in emergencies, give not less than 48 hours' written notice to Carrier of the day and hour it proposes to undertake any construction or maintenance work (other than minor day -to -day maintenance or inspections), and in , the event of emergency shall exert all effort to notify Carrier with utmost prompt- ness. Licensee shall maintain close contact and liaison with Carrier's representative as to the time and manner of performing work on or about Carrier's tracks and prop- , erty so as to minimize interference with Carrier's property, traffic and operations. Licensee shall suspend construction or repair operations at the direction of the Carrier when deemed necessary to protect Carrier's property and traffic. 5. If and when from time to time and during such times as Licensee's or its contractor's operations are of such a nature as to create hazards to operations of Carrier's engines, cars, trains and employees on and along Carrier's main or other tracks, the Carrier is hereby granted authority and permission, at Licensee's sole cost, risk and responsibility, to provide such number of flagmen or watchmen or other protective services, devices or structures, such as falsework or shoring, and to make such alterations or adjustments in,its tracks or other facilities and in the facilities of others on or near Premises, as in the opinion of Car- rier's Superintendent may be required to protect against such hazards. . 6. Licensee hereby agrees to reimburse Carrier for any cost incurred by Carrier of relocating any signal or telegraph or other communication wire and pole lines made necessary by the installation of Pipe Line, and -for the repair or replacement of any of Carrier's or any third party's other and dif- ferent facilities damaged or destroyed or lost by reason of the performance of any undertaking or the exercise of any of the rights herein granted. 7. The Carrier shall not be responsible for damage to property or injuries to persons which may arise from or be incident to Licensee's exer- cise of any permission granted herein. Licensee further agrees to release, defend, indemnify and hold harmless the Carrier from and against all costs, expenses, claims, liability arising from (a) breach of any covenant herein by Licensee, or (b) damage to or destruc- tion of property owned by or in the care, custody or control of the Carrier, or (c) liability of the Carrier for (i) bodily injury to or death of its employees or third persons, and (ii) damage to or destruction of property of third per- sons, in any manner caused by, arising from, or in connection with the construction, installation, operation, maintenance, repair, use, presence or removal of the . Pipe Lirih on, along, across and beneath Carrier's Premises, whether caused or contributed to_by any act, omission or negligence of the Carrier, or otherwise; as well as (d) liability of the Carrier, howsoever caused and irrespective of whether caused solely or in part by an act, omission or negligence of the Car- rier or condition or state of repair of its property and right of way, (i) for bodily injury to or death of agents, servants, employees or invitees of the Licensee or of its contractors while on, about, or adjacent to the right of way of the Carrier for any purpose related to the Pipe Line, (ii) for damage to or destruction of property of or in the care, custody or control of the Licensee and its contractors, subcontractors or invitees, or their respective agents, servants and employees, while on, about or adjacent to the right of way of the Carrier for any purpose related to the Pipe Line, or (iii) arising from damage or deterioration to, leakage from, or interruption of, the Pipe Line or its contents. It is the intention hereof to cover all hazards and exposure of the Carrier by reason of or in connection with the Pipe Line, "and': to fully protect the Carrier from and against all damages, losses, expenses, - claims, costs and liability it would not have suffered, sustained or incurred - but for the permission herein granted or the installation, operation, main- tenance, use, presence or existence of the Pipe Line on, along, across, beneath, about or adjacent to Carrier's Premises. Licensee also agrees to 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 part of Carrier, its agents, servants or employees, or otherwise. For purposes hereof, the term "Carrier" shall include Missouri Pacific Railroad Company and its subsidiary -4- Form 20006 7/69 Form 20006 7/ and affiliated companies and any other carrier operating upon the tracks and right of way of Missouri Pacific Railroad Company in the territory concerned, and the respective officers, employees and servants of any thereof; and damages and liability shall include the defense and settlement of claims and attorneys' fees and expenses, etc., in connection therewith. 8. If and when at any time during installation of Pipe Line or at any other time during term of this License, because of damage to Carrier's main track or roadbed by reason of breakage of or leakage from the Pipe Line or from any other reason incident to the existence and maintenance of Pipe Line, Carrier's Superintendent shall be of the opinion that such a hazard exists as to make unsafe or temporarily impossible the operation of Carrier's engines or trains along Carrier's tracks in the vicinity of the Pipe Line and, because thereof, the said Superintendent shall cause said engines or trains to be detoured over another route, Licensee shall pay to Carrier, promptly follow- ing receipt of bill therefor, the additional expense which Carrier shall incur as a result of having to detour such engines or trains. If, in Carrier's opinion, changes in its property make it impractical or unsafe to continue the Pipe Line on Carrier's property, Carrier shall have the right to terminate this agreement on written notice to Licensee. Licensee agrees, upon request of Carrier, to take out and keep in force and effect, for such period as Carrier may require, Contractual Liability Insurance covering Licensee's liability under this agreement. In the event that Licensee is a State, City, County or other governmental entity, Licensee shall procure or cause its contractor to procure Railroad Protective Liability Insurance in lieu of Contractual Liability Insurance. Such insurance shall be in form and with such Insurance Company or Companies as shall be satisfactory to Carrier, and in amounts of $500,000/$1,000,000 for bodily injury coverage and $500,000/$1,000,000 for property damage coverage (and also the same for physical damage to property coverage if Railroad Protective Liability Insur- ance is involved) unless otherwise specified by Carrier. 9. Term hereof shall begin with October 16 19 79, and continue thereafter until concluded (1st) by expiration of thirty days fol- lowing 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, or (3rd) upon the abandonment by Licensee of Prem- ises for the purposes herein authorized. Any notice of Carrier shall be deemed served 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 to a condition satisfactory to Carrier. 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 representa- tives, successors and assigns; provided: no right of Licensee shall be -5- 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 the other without affecting, or impairing any right arising from, any subsequent or other default. 10. In the event that Licensee is a City, County, District or other governmental entity (other than a State or the United States), Licensee, when returning this agreement to Carrier (signed), shall cause same to be accompanied by such order, resolution or ordinance of the governing body of Licensee, passed and approved as by law prescribed, and duly certified, evi- dencing the authority of the person executing this 'agreement on behalf of Licensee with the power so to do. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. WITNESSES: AntST: 91 n7,yliJ .71(95 ;i Secretary (Affj,x�','e: f MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, First Party Herein. - 6 - Form 20006 7/ As Licensee, Second Party Herein. MISSOURI PACIFIC RAILROAD COMPANY SOUTHERN DISTRICT Palestine Division 5 P% p a 'the 0tet∎pe.x.e CWks( of Raurtd ROeK th1 t9as 1 41.41 'to (‘2•z3 li.. t.c__ - c Office of District Engineer- Houston, Texas I Scale" = Zo o' Drattsrnan 4- 1 Date¢- ‘2.7$it file Nolikelgeq 1 h 4 2 ,; CO •15 211{ zs za at • / • WtIttArtso+, CouhrY, - Te.X0.5 100 "EXHIBIT A" . JCS 116 - 1944 -2 - 1 - RECITAL S: rorm euvvu 3/7 PIPE LINE LICENSE THIS AGREEMENT, executed in duplicate this 16th day of October , 19 79, by and between Missouri Pacific Railroad Company , a Delaware corporation, hereinafter called "Carrier ", to be addressed at ' 210 North 13th Street, St. Louis, Missouri 63103, and the City of Round Rock , a Municipal corporation,•, hereinafter called "Licensee ", to be addressed at 214 East Main Street, Round Rock, Texas 78664 , WITNESSETH: Licensee has requested_of Carrier license and permission to install, • keep, maintain, use and remove,for the purpose of conveying water , its proposed pipe line , ` —; 12 inches in diam- eter, on, along, across and beneath the surface of certain of Carrier's - right of way lands at assxms7Cx Round Rock , Texas to which Carrier is agreeable but solely upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the covenants and agreements hereinafter contained, it is agreed: 1. Carrier hereby grants, solely to the extent of its right, title and interest, and Licensee hereby accepts license and permission to install, keep, maintain, use, repair, renew and ultimately remove its one certain continuous line of asbestos cement pipe, 12 ---u -- inches in diameter, and appurtenances, hereinafter called "Pipe Line ", for the purpose of conveying water at a.maximum pressure of 70 pounds per square inch, on, along, across and beneath the surface of certain of Carrier's right of way lands, as well as crossing beneath Carrier's track ,hereinafter col- lectively called "Premises ", situated between Engineer's Chaining Station 8522180 (Mile Post 161.41 ) and Engineer's Chaining Station 8568+42 (Mile Post 162.28 ), gx&angR , in Williamson County or IlArcidcibt, Texas , at gfCARNA? Round Rock The license and permission hereinabove granted to Licensee are subject and subordi- nate, however, to the rights in Carrier, its successors and assigns, its lessees and licensees, to construct, reconstruct, operate, use, maintain, repair and renew on, beneath or above Premises any telephone, telegraph, power and signal lines and poles, tracks, • roadways, pipe lines and facilities of similar or different character as are now or in the future may be located on, beneath or above any of Premises. :. The license and permission herein granted (a) are limited to such title and rights. as the Carrier may have in the Premises concerned, and the Licensee shall secure such permission as may be necessary on account of any other existing rights (including, without ' limitation, rights of tenants, subtenants, licensees, and others occupying or using the Premises concerned with Carrier's permission) and (b) are granted without any warranty, express or implied. Licensee hereby agrees to exercise the herein - granted rights in such a manner as not to interfere in any way with any existing prior rights. No damages shall be recoverable from Carrier because of any dispossession of Licensee or because of any failure of, defect in, or extinction of Carrier's title. 2. Licensee shall pay and Carrier shall accept the sum of $100.00 as a one -time fee as reimbursement for clerical, administrative and handling expenses plus the sum of $ 4 ,x. 00 Form 20006 3/71 in advance for the privilege granted herein. ._. ... .:a.:..:..: , ......... « ...... «....••••••• ..,..,.....:a.... 3. The approximate location of Pipe Line is shown in heavy blue lines • ° - , on Carrier's Southern District white print dated April 12, 1978 __ ,a,.t , File No. 116- 1944 -2 , prepared in Office •;' of District Engineer, Houston , Texas , -, marked Exhibit "A" attached hereto as part hereof. Licensee shall install and construct° ;. Pipe Line in accordance with the plans and details shown on said Exhibit "A". ; - Pipe Line shall consist of the following items located on Premises: 12 inch asbestos cement pipe paralleling on south aide of right of way. Pipe Line will cross l+na,.r track at ECS 8568+42 inside a 24 -inch RCP Class V casing, 30 feet long: If so requested by Carrier, Licensee shall submit to Carrier all plans and speci- fications with respect to any work to be performed hereunder, which shall be subject to Carrier's approval. No provision of this or any other paragraph hereof, nor approval by Carrier of any of Licensee's plans, as provided herein or elsewhere in this agree- ment, or of Licensee's undertakings, shall relieve Licensee of any responsibility or liability. Carrier shall have the right to perform, at the expense of Licensee, any part of the work which, in Carrier's judgment, is deemed necessary (a) for the better safety of Carrier's property, traffic, employees and patrons, or (b) to avoid labor disputes which may adversely affect Carrier. 4. 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, at its sole cost, 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 A,€}3cand one -half feet below bottom of rail thereover, and at least three feet beneath surface of ground beyond ballast section. Licensee shall cause Pipe Line, before being used for anything, inflammable, to conform substantially to the requirements shown on Carrier's Standard Form No. 24002, marked E hibit "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, act- ing 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 30 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. Payments hereunder shall be made by Licensee within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health and welfare benefit payments applicable to said labor, Carrier's cost price of all materials f.o.b. Car- rier's rails, plus 10% to- cover handling and accounting, plus freight at tariff to point - 2 - Form 20006 7/69 of use, and excise taxes applicable to said labor and materials. Carrier may con- nect with and discharge sewage into Pipe Line while serving as sewer. No facilities shall be erected or installed, and no materials stored or placed, or equipment operated, nor shall any person acting for Licensee's account: be permitted to be, closer than ten feet (measured horizontally on the ground) from the nearest rail. No facilities shall be attached to or placed upon any of Carrier's buildings, structures or improvements. Licensee shall not cross Carrier's tracks with heavy equipment except at public road crossings, or at such locations , and on such terms and conditions as Carrier may specifically approve. Licensee shall require any of its contractors and subcontractors to observe and conform to the conditions and requirements specified herein; and for the pur- poses of the safety, protective and indemnification provisions hereof, such contractors and subcontractors, their agents, servants and employees, and other persons on the Carrier's - Premises at the invitation of the Licensee, its contrac- tors or subcontractors, shall be deemed the agents or employees of the Licensee. Licensee shall install and at all times keep and maintain Pipe Line in a safe condition, so that same shall not interfere with, impair, endanger, or prevent the safe and continuous use and operation of the railroad and property of Carrier, and shall in any event upon notice in writing from the Carrier promptly maintain, repair, remove, strengthen or adjust Pipe Line, or any part thereof. Pipe Line shall, where possible, be installed by boring or jacking. Where any work in connection with Pipe Line involves excavation, trenching or boring, plans therefor (including details for protecting Carrier's operations) - shall be submitted to Carrier for advance approval, and special care shall be taken by Licensee to protect Carrier's property and operations and in backfilling' and securely and soundly tamping suitable earth or fill to prevent washouts, under- mining or other damage to Carrier's roadbeds, tracks and appurtenances thereon. Promptly following performance of any work under this agreement, Licensee shall do all things necessary to restore Premises and any property thereon to an adequate and proper condition in accordance with good engineering practices. Licensee shall, except in emergencies, give not less than 48 hours' written notice to Carrier of the day and hour it proposes to undertake any construction or maintenance work (other than minor day - to - day maintenance or inspections), and 'in,' the event of emergency shall exert all effort to notify Carrier with utmost prompt- ness. Licensee shall maintain close contact and liaison with Carrier's representative as to the time and manner of performing work on or about Carrier's tracks and prop- erty so as to minimize interference with Carrier's property, traffic and operations. Licensee shall suspend construction or repair operations at the direction of the Carrier when deemed necessary to protect Carrier's property and traffic. 5. If and when from time to time and during such times as Licensee's or its contractor's operations are of such a nature as to create hazards to operations of Carrier's engines, cars, trains and employees on and along Carrier's main or other tracks, the Carrier is hereby granted authority and permission, at Licensee's sole cost, risk and responsibility, to provide such number of flagmen or watchmen or -3- other protective services, devices or structures, such as falsework or shoring, and to make such alterations or adjustments in,its tracks or other facilities , and in the facilities of others on or near Premises, as in the opinion of Car -. rier's Superintendent may be required to protect against such hazards. Form 20006 7/ 6. Licensee hereby agrees to reimburse Carrier for any cost incurred • by Carrier of relocating any signal or telegraph or other communication wire' and pole lines made necessary by the installation of Pipe Line, and for the repair or replacement of any of Carrier's or any third party's other and dif- ferent facilities damaged or destroyed or lost by reason of the performance , of any undertaking or the exercise of any of the rights herein granted. 7. The Carrier shall not be responsible for damage to property or injuries to persons which may arise from or be incident to Licensee's exer- cise of any permission granted herein. Licensee further agrees to release, defend, indemnify and hold harmless the Carrier from and against all costs, expenses, claims, liability arising from (a) breach of any covenant herein by Licensee, or (b) damage to or destruc- tion of property owned by or in the care, custody or control of the Carrier, or (c) liability of the Carrier for (i) bodily injury to or death of its employees or third persons, and (ii) damage to or destruction of property of third per- sons, in any manner caused by, arising from, or in connection with the construction, installation, operation, maintenance, repair, use, presence or removal of the Pipe Line on, along, across and beneath Carrier's Premises, whether caused or contributed to by any act, omission or negligence of the Carrier, or otherwise; as well as (d) liability of the Carrier, howsoever caused and irrespective of whether caused solely or in part by an act, omission or negligence of the Car- rier or condition or state of repair of its property and right of way, (i) for bodily injury to or death of agents, servants, employees or invitees of the Licensee or of its contractors while on, about, or adjacent to the right of way of the Carrier for any purpose related to the Pipe Line, (ii) for damage to or destruction of property of or in the care, custody or control of the Licensee and its contractors, subcontractors or invitees, or their respective agents, servants and employees, while on, about or adjacent to the right of way of the Carrier for any purpose related to the Pipe Line, or (iii) arising from damage or deterioration to, leakage from, or interruption of, the Pipe Line or its contents. It is the intention hereof to cover all hazards and.: exposure of the Carrier by reason of or in connection with the Pipe Line, and to fully protect the Carrier from and against all damages, losses, expenses, claims, costs and liability it would not have suffered, sustained or incurred " but for the permission herein granted or the installation, operation, main- tenance, use, presence or existence of the Pipe Line on, along, across, beneath, about or adjacent to Carrier's Premises. Licensee also agrees to 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 part of Carrier, its agents, servants or employees, or otherwise. For purposes hereof, the term "Carrier" shall include Missouri Pacific Railroad Company and its subsidiary -4- and affiliated companies and any other carrier operating upon the tracks and right of way of Missouri Pacific Railroad Company in the territory concerned, and the respective officers, employees and servants of any thereof; and damages and liability shall include the defense and settlement of claims and attorneys' fees and expenses, etc., in connection therewith. 8. If and when at any time during installation of Pipe Line or at any other time during term of this License, because of damage to Carrier's main track or roadbed by reason of breakage of or leakage from the Pipe Line or from any other reason incident to the existence and maintenance of Pipe Line, Carrier's Superintendent shall be of the opinion that such a hazard exists as to make unsafe or temporarily impossible the operation of Carrier's engines or trains along Carrier's tracks in the vicinity of the Pipe Line and, because thereof, the said Superintendent shall cause said engines or trains to be detoured over another route, Licensee shall pay to Carrier, promptly follow- ing receipt of bill therefor, the additional expense which Carrier shall incur as a result of having to detour such engines or trains. If, in Carrier's opinion, changes in its property make it impractical or unsafe to continue the Pipe Line on Carrier's property, Carrier shall have • the right to terminate this agreement on written notice to Licensee. Licensee agrees, upon request of Carrier, to take out and keep in force and effect, for such period as Carrier may require,' Contractual Liability Insurance covering Licensee's liability under this agreement. In the event that Licensee is a State, City, County or other governmental entity, Licensee shall procure or cause its contractor to procure Railroad Protective Liability Insurance in lieu of Contractual Liability Insurance. Such insurance shall be in form and with such Insurance Company or Companies as shall be satisfactory to Carrier, and in amounts of $500,000/$1,000,00 for bodily injury coverage and $500,000/$1,000, for property damage coverage (and also the same for physical damage to property coverage if Railroad Protective Liability Insur- ance is involved) unless otherwise specified by Carrier. 9. Term hereof shall begin with October 16 19 79, and continue thereafter until concluded (1st) by expiration of thirty days fol- lowing 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, or (3rd) upon the abandonment by Licensee of Prem- ises for the purposes herein authorized. Any notice of Carrier shall be deemed , served 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 to a condition satisfactory to Carrier. 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 representa- tives, successors and assigns; provided: no right of Licensee shall be - 5 - Form 20006 7/69 Form 2000b 7/ 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 the other without affecting; or impairing any right arising from, any subsequent or other default. - 10. In the event that Licensee is a City, County, District or other governmental entity (other than a State. or the United States), Licensee, - when returning this agreement to Carrier (signed), shall cause same to be accompanied by such order, resolution or ordinance of the governing body of Licensee, passed and approved as by law prescribed, and duly certified, evi- dencing the authority of the person executing this agreement on behalf of Licensee with the power so to do. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. WITNESSES: ATTEST: 'Secretary (Affix S WIT - / fr • / /.MELD - 6 - MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, First Party Herein. CITY UND ROC Mayor As Licensee, Second Party Herein. MISSOURI PACIFIC RAILROAD COMPANY SOUTHERN DISTRICT Palestine Division pro. Pipe lt rot 0teapenc•( Glkx o l itot..haRosk ttAe Post 161.41 to Ibz.z3 • yna C3e$ c -t: Tr Office of District Engineer - Houston, Texas - 1 Scale 1" = Zoo' Draftsman 1 Date • - z-7: F; a No. f. - - 2 - 2 a 4‘ Wt1tIar,sori 4ou.v.ky, 1ei "EXHIBIT A" JCS u6- 1944 -3 PIPE LINE LICENSE THIS AGREEMENT, executed in duplicate , this 16th day of October , 1979, by and between Missouri Pacific Railroad Cadrpany a Delaware corporation, hereinafter called "Carrier ", to be addressed at 210 North 13th Street, St. Louis, Missouri 63103, and City of Round Rock , a Municipal corporation,' hereinafter called "Licensee ", to be addressed at 214 East Main Street, Round Rock, Texas 78664 RECITAL S: - 1 - •Form 20006 3/7 Licensee has requested of Carrier license and permission to install, keep, maintain, use and remove,for the purpose of conveying water , its proposed pipe line , 12 inches in diam- eter, on, along, across and beneath the surface of certain of Carrier's right of way lands at sxmAlaemc Round Rock , Texas to which Carrier is agreeable but solely upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the covenants and agreements hereinafter contained, it is agreed: 1. Carrier hereby grants, solely to the extent of its right, title and interest, and Licensee hereby accepts license and permission to install, keep, maintain, sto use, c renew and ultimately remove its one certain continuous line of pipe, 12 inches in diameter, and appurtenances, hereinafter called "Pipe Line ", for•the purpose of conveying water at a maximum pressure of 30 pounds per square inch, on, along, across and beneath the surface of certain of Carrier's right of way lands, as well as crossing beneath Carrier's track ,hereinafter col- lectively called "Premises ", situated between Engineer's Chaining Station 8513 +30 (Mile Post 161.31 ) and Engineer's Chaining Station 8517 +40 (Mile Post 161.38 ), ibmoSectabco A4:04'i Y IptINGx , in Williamson County xxx=m4=, Texas , at xxxxxmxx Round Rock The license and permission hereinabove granted to Licensee are subject and subordi- nate, however, to the rights in Carrier, its successors and assigns, its lessees and licensees, to construct, reconstruct, operate, use, maintain, repair and renew on, beneath or above Premises any telephone, telegraph, power and signal lines and poles, tracks, roadways, pipe lines and facilities of similar or different character as are now or in the future may be located on, beneath or above any of Premises. The license and permission herein granted (a) are limited to such title and rights as the Carrier may have in the Premises concerned, and the Licensee shall secure such permission as may be necessary on account of any other existing rights (including, without limitation, rights of tenants, subtenants, licensees and others occupying or using the Premises concerned with Carrier's permission) and (b) are granted without any warranty, express or implied. Licensee hereby agrees to exercise the herein - granted rights in such a manner as not to interfere in any way with any existing prior rights. No damages shall be recoverable from Carrier because of any dispossession of Licensee or because of any failure of, defect in, or extinction of Carrier's title. 2. Licensee shall pay and Carrier shall accept the sum of $ 100.00 as a one -time fee as reimbursement for clerical, administrative and handling expenses plus the sum of $ 400.0o . Form 20006 3/71 ,amogtaatk in advance for the privilege granted herein Mkmdc:c 3. The approximate location of Pipe Line is shown in heavy black lines , on Carrier's Southern District white print dated December 4, 1978 lazataacssastria , File No.116- 1944 -3 , prepared in Office of District Engineer, Houston , Texas =', ';. markedchibit "A ", attached hereto as part hereof. Licensee shall install and construe: Pipe Line in accordance with the plans and details shown on said Exhibit "A ". Pipe Line shall consist of the following items located on Premises: 12" asbestos cement class 150, 21" GCMP casing, 12 gage, 60 feet long. If so requested by Carrier, Licensee shall submit to Carrier all plans and speci- fications with respect to any work to be performed hereunder, which shall be subject to Carrier's approval. No provision of this or any other paragraph hereof, nor approval by Carrier of any of Licensee's plans, as provided herein or elsewhere in this agree- ment, or of Licensee's undertakings, shall relieve Licensee of any responsibility or liability - - Carrier shall have the right to perform, at the expense of Licensee, any part of the work which, in Carrier's judgment, is deemed necessary (a) for the better safety of Carrier's property, traffic, employees and patrons, or (b) to avoid labor •disputes which may adversely affect Carrier. 4. 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, at its sole cost, 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 Rsmrx and one - half feet below bottom of rail thereover, and at least three feet beneath surface of ground beyond ballast section. Licensee shall cause Pipe Line, before being used-for anything . inflammable, to conform substantially to the requirements shown on Carrier's Standard,.' Form No. 24002, marked E3chibit "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; act- ing 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 30 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. Payments hereunder shall be made by Licensee within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health and welfare benefit payments applicable to said labor, Carrier's cost price of all materials f.o.b. Car- rier's rails, plus 10% to cover handling and accounting, plus freight at tariff to point - 2 - of use, and excise taxes applicable to said labor and materials.• Carrier may con- nect with and discharge sewage into Pipe Line while serving as sewer. • or No facilities shall be erected or installed, and no materials Licensee' placed, or equipment operated, nor shall any person acting be permitted to be, closer than ten feet (measured horizontally on the ground) from the nearest rail. No facilities shall be attached to or placed upon any of Carrier's buildings, structures or improvements. Licensee shall ln such cross sc tracks with heavy equipment except at public road crossings, approve. Licensee and on such terms and conditions as Carrier may specifically app Licensee shall require any of its contractors and subcontractors to observe and conform to the conditions and requirements specified herein; and for the pur- poses of the safety, protective and indemnification provisions hereof, such contractors and subcontractors, their agents, servants and employees, and other persons or subcontractors, all d of oremployees t the ors Licensee. Licensee shall install and at all times keep and maintain Pipe Line in a safe condition, so that same shall not interfere with, impair, endanger, or prevent the safe and continuous use and operation of the railroad and property of Carrier, an shall in any event upon notice in writing from the Carrier rrierfpromptly maintain, repair, remove, strengthen or adjust Pipe Line, or any part Pipe Line shall, where possible, be installed by boring or jacking. - 3 - Form 20006 7/ Where any work in connection with Pipe Line involves excavation, trenching or boring, plans therefor (including details for protecting Carrier's operations) shall be submitted to Carrier for advance approval, and sp car shall b en taken and operations by Licensee to protect Carrier's property securely and soundly tamping suitable earth or fill to prevent washouts, under- mining or other damage to Carrier's roadbeds, tracks and appurtenances thereon. Promptly following performance of any work under this agreement, Licensee shall do all things necessary to restore Premises and any property thereon to an adequate and proper condition in accordance with good engineering practices. Licensee shall, except in emergencies, give not less than 48 hours' written notice to Carrier of the day and hour it proposes to undertake any construction or in maintenance work (other than minor day -to -day maintenance or prompt- the event of emergency shall exert all effort to notify Carrier ness. Licensee shall maintain close contact and liaison with Carrier's representative as to the time and manner of performing work on or about Carrier's erty so as to minimize interference with Carrier's property, Licensee shall suspend construction noo Carrier's a t the direc direc of the - Carrier when deemed necessary to protect ,. 5. If'and when from time to time and during such times as Licensee's or its contractor's operations are of such a nature as to create hazards to operations of Carrier's engines, cars, trains and employees on and along Carrier's main or other tracks, the Carrier is hereby granted authority and permission, at Licensee's sole cost, risk and responsibility, to provide such number of flagmen or watchmen or other protective services, devices or structures, such as falsework or shoring, and to make such alterations or adjustments in,its tracks or other facilities and in the facilities of others on or near Premises, as in the opinion of Car- rier's Superintendent may be required to protect against such hazards. _ 6. Licensee hereby agrees to reimburse Carrier for any cost incurred by Carrier of relocating any signal or telegraph or other communication wire and pole lines made necessary by the installation of Pipe Line, and for the , repair or replacement of any of Carrier's or any third party's other and dif- ferent facilities damaged or destroyed or lost by reason of the performance of any undertaking or the exercise of any of the rights herein granted. 7. The Carrier shall not be responsible for damage to property or injuries to persons which may arise from or be incident to Licensee's exer- cise of any permission granted herein. Licensee further agrees to release, defend, indemnify and hold harmless the Carrier from and against all costs, expenses, claims, liability arising from (a) breach of any covenant herein by Licensee, or (b) damage to or destruc- tion of property owned by or in the care, custody or control of the Carrier, or (c) liability of the Carrier for (i) bodily injury to or death of its employees or third persons, and (ii) damage to or destruction of property of third per- sons, in any manner caused by, arising from, or in connection with the construction, installation, operation, maintenance, repair, use, presence or removal of the Pipe along, across and beneath Carrier's Premises, whether caused or. contributed to_by any act, omission or negligence of the Carrier, or otherwise; as well as (d) liability of the Carrier, howsoever caused and irrespective of whether caused solely or in part by an act, omission or negligence of the Car- rier or condition or state of repair of its property and right of way, (1) for bodily injury to or death of agents, servants, employees or invitees of the Licensee or of its contractors while on, about, or adjacent to the right of way of the Carrier for any purpose related to the Pipe Line, (11) for damage to or destruction of property of or in the care, custody or control of the Licensee and its contractors, subcontractors or invitees, or their respective agents, servants and employees, while on, about or adjacent to the right of way of the Carrier for any purpose related to the Pipe Line, or (iii) arising from damage or deterioration to, leakage from, or interruption of, the Pipe Line or its contents. It is the intention hereof to cover all hazards and exposure of the Carrier by reason of or in connection with the Pipe Line, and to fully protect the Carrier from and against all damages, losses, expenses,' claims, costs and liability it would not have suffered, sustained or incurred but for the permission herein granted or the installation, operation, main- tenance, use, presence or existence of the Pipe Line on, along, across, beneath, about or adjacent to Carrier's Premises._ Licensee also agrees to 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 part of Carrier, its agents, servants or employees, or otherwise. For purposes hereof, the term "Carrier" shall include MISSOURI PACIFIC RAILROAD Company and its subsidiary - 4 - Form 20006 7/69 - 5 - Form 20006 7/ and affiliated companies and any other carrier operating upon the tracks and right of way of Missouri Pacific Railroad Company in the territory concerned, and the respective officers, employees and servants of any thereof; and damages and liability shall include the defense and settlement of claims and attorneys' fees and expenses, etc., in connection therewith. 8. If and when at any time during installation of Pipe Line or at any other time during term of this License, because of damage to Carrier's main track or roadbed by reason of breakage of or leakage from the Pipe Line or from any other reason incident to the existence and maintenance of Pipe Line, Carrier's Superintendent shall be of the opinion that such a hazard exists as to make unsafe or temporarily impossible the operation of Carrier's engines or trains along Carrier's tracks in the vicinity of the Pipe Line and, because thereof, the said Superintendent shall cause said engines or trains to be detoured over another route, Licensee shall pay to Carrier, promptly follow- ing receipt of bill therefor, the additional expense which Carrier shall incur as a result of having to detour such engines or trains. If, in Carrier's opinion, changes in its property make it impractical or unsafe to continue the Pipe Line on Carrier's property, Carrier shall have the right to terminate this agreement on written notice to Licensee. Licensee agrees, upon request of Carrier, to take out and keep in force and effect, for such period as Carrier may require,"Contractual Liability Insurance covering Licensee's liability under this agreement. In the event that Licensee is a State, City, County or other governmental entity, Licensee shall procure or cause its contractor to procure Railroad Protective Liability Insurance in lieu of Contractual Liability Insurance. Such insurance shall be in form and with such Insurance Company or Companies as shall be satisfactory to Carrier, and in amounts of $500,000/$1,000,000 for bodily injury coverage and $500,000/$1,000,000 for property damage coverage (and also the same for physical damage to property coverage if Railroad Protective Liability Insur- ance is involved) unless otherwise specified by Carrier. 9. Term hereof shall begin with October 16 19 79, and continue thereafter until concluded (1st) by expiration of thirty days fol- lowing 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, or (3rd) upon the abandonment by Licensee of Prem- ises for the purposes herein authorized. Any notice of Carrier shall be deemed served 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 to a condition satisfactory to Carrier. 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 representa- tives, 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 the other without affecting, or impairing any right arising from, any subsequent or other default. 10. In the event that Licensee is a City, County, District or other governmental entity (other than a State or the United States), Licensee, when returning this agreement to Carrier (signed), shall cause same to be accompanied by such order, resolution or ordinance of the governing body of Licensee, passed and approved as by law prescribed, and duly certified, evi- dencing the authority of the person executing this agreement on behalf of Licensee with the power so to do. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. WITNESSES: ATTEST: M Mir2Uc , 'Sec etary (Affix Se WITNE ' ='S / /`L By General Manager As Carrier, First Party Herein. By q,14 or V As Licensee, Second Party Herein. - 6 - MISSOURI PACIFIC RAILROAD COMPANY CSTY OF ROCK Form 20006 7/69 lISSOURI PACIFIC RAILROAD COMPANY SOUTHERN DISTRICT Palestine Division - Fro. P.pe 1.►na Oceuponcy C►ty o4 Vtou.rtit Raex •MP got. 31 }a TAP 1bt•353 . - Rou;nel Roca. Toitn;" Office of District Engineer - Houston. Texas I Scale 1" : ?op. Draftsman aS 1 Date 1 ..4-'7RI File No ItirIct443 1. w 7 on W►U►arts° Coe *y,Texas "EXHIBIT A" herein for all.purposes. ATTEST: J NNE LAND, i y Secretary RESOLUTION NO. , R WHEREAS, it is necessary to extend two water lines across certain Missouri Pacific Railroad Co. right -of -way, and WHEREAS, the Missouri Pacific Railroad Co. has submitted two (2) Pipe Line Licenses which provide for such water line extensions, and WHEREAS, the Council of the City of Round Rock wishes to enter into the said License agreements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City two (2) Pipe Line Licenses, a copy of such Licenses being attached hereto and incorporated T.A.RRY L . City of Round R yor ck, Texas