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R-83-513 - 3/24/1983WHEREAS, it is necessary to construct a sewer line beneath the Missouri Pacific Railroad Co.'s right of way at mile post 161.33 in the City, and WHEREAS, Missouri Pacific has submitted a Pipe Line License which would permit such construction, and WHEREAS, the City Council wishes to approve the execution of said License, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS RESOLUTION NO. That the Mayor of the City of Round Rock, Texas, is hereby authorized and directed to execute on behalf of the City, a pipe line license, a copy of such license being attached hereto and incorporated herein for all purposes. ATTEST: RESOLVED this sN day of J NNE LAND, ty Secretary ,5/3 12 1983. NN ," Mayor City of Round Rock, Texas PIPE LINE LICENSE Form 20021 10/74 THIS INSTRUMENT, executed in duplicate, March 3 , 19 83, 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 214 E. Main Street, Round Rock, Texas 78664 hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying sanitary sewage the Licensee's own one certain proposed (number) (proposed or existing) continuous line of RCP pipe , 24 in diameter, and appurtenances, . r herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to convey sanitary sewage a[ Pipe Line shall intersect Carrier's existing property , imr Mile Post 161.33 a € -See4 eas (track or right of way) 4. , 4. , Williamson Texas , at or -near Round Rock (county off pa.aiel3) (state) (place) Approximate location of Pipe Line is indicated by h avy 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 part of Carrier, or otherwise. 5/<3 R - 1 - 54955 3. Term`hereof shall begin with March 3 , 19 83, 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 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 sub- sequent default. WITNESSES: /• 4J WITNESSES: CITY OF RO - 2 - Form 20021 10/74 MISSOURI PACIFIC X IFIC RAILR 0 COMPANY BYa ( 4.0 - . General Nana As Carrier, t party herein D ROCK, yor As Licensee, second party herein A. W. REES, JR. B. E. KERLEE Assi_T R R SHORT GEN ER,_ SUPERINTENDENT „cbcrt L. Bennett, Jr., City Manager City of t:ound clock 214 Main Street Round hock, Texas 78664 9. ar Mr. B nnett: JSW:j . m MISSOURI PACIFIC RAILROAD Go. 24125 ALDS'E- WESTFIEL.D DD. P.O. DRAWER M SPRING, TEXAS 77373 TEL AREA Coo, 713 March 3, 1983 JSW- Pip.: Lin.: aOUND ROCK, T.XAS The City of Round Kock aefwrencw is mad. to your l.'tt1 :r dated D.:c ember 28, 1982, regarding your City's r,.,qulst on b.half of The City of :sound Rock for permission to construct a pipw linw ben .ath Missouri Pacific's right of way at Mil Post 161.33, at Mound ;cock, Williamson County, Twxas. We ar :_ agree:abl.. to permitting this crossing provid.d it is constructed in accordance, with our sp.,cifications, under our supervision, and provid::d our standard form of Pipe Lime Lic nse is wX1cutid. There is a $500.00 consideration for this crossing. We have pr.par. -d in duplicate. and attach;d hor-.to originals of our form Pipe Lin License: to cov r this installation and ask that you cause the set of originals to b-: wx..eutld. Plwasw hay.. the City's Socr Lary attest and affix seal in thw spac,s provid:>d on "each of the originals. W, shall also ne d a I; solution authorizing the Mayor's .xwcution of th.'. Licsuns . Thw uxwcuted Licenses, Resolution and - $500.00 consideration should be r..turn d to the und..rsigncd for proc.ssing by thw Railroad, which will r - :turn a fully n;. :cut<.d Lie ns for your file.. Pi as notify our I;oadmastc -r, V. P. Patton, at Palestin.:, Texas telephon.. Aria Cod. 214, 723 -7747, at least 48 hours prior to th.. tim. work will b:-gin. Yours very \\ $ruly, 1 \ aa � �', - 1 0 e nay° ,�- ?3,� " G. R. LILLY DISTRICT ENGINEER 3507610 J. D. HOPE MECHANICSUPERINTENDENT 350-7650 O. E. KNOX ASSISTANT TO GENERAL MANAGER LAN, LEA3507520 NTRACTS ,5/3 MISSOURI PACIFIC RAILROAD Co. A. W. REES JR. GEMEA, MANnD[R B. E. KERLEE AENRrAna GENERAL MANAGER R. L SHORT GENERALSUAERmirmovw City of Round Rock 214 E. Main Street Round Rock, Texas 78664 Gentlemen: /drf Attachment 54125 ALDINE -W N:STFIELD RD. P.O. DRAWER M SPRING, TEXAS 77373 TEL AREA CODE 713 June 2, 1983 Yours very truly, J. W. HEAVIN DiSTRET ENGINEER 38P7832 J. D. HOPE MECHANICAL sunERwrENDENT O. E. KNOX ASSISTANTTO GENERAL MANAGER LArvD, rvD CGNranCre GLW -Pipe Line: ROUND ROCK, TEXAS The City of Round Rock MP 161.33 Herewith your original of Pipe Line License dated March 3, 1983, covering crossing of our right of way at Mile Post 161.33 at Round Rock, Williamson County, Texas. v r" r _ YNe. .... . <..:. ,^, :, r-_." ",« .: �. fr s" .<: .. .,-z . m^, +�pa y - gg�ym t }p�� .a8@, +� y�g� A44-el, � x. >> &. ': p� w sB'lk tE:..[4 - -Atilt. .int. r A , • ' _. .. :. <«-._..< ',. -', _.<, Fes::: - , }My -.:. ::. _ ::'. ..... . . .� <. .. --.. _. -:-:. ..-.. .- ...:z. :. 2!--' is-- { ..-+-. : y,. > - be :�.. » , :.;_.,�. : i'-.ice" .. ,- .. _. ,>a ,.. -> -;.: .. a . ,.. ,. ,...,.< >,.._.... ,> • • :_:: . : .._ -: � .. a . ". -. .:5 _ .. � _. ':-_ � ,.. _ -,--t-'1:t- . �. app _� s _" ._ < .. .. _.. „ ..: � _ .. � � ," .g, _-.,><. ." > , ._ �' .� .