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R-83-562 - 11/22/1983RESOLUTION NO. WHEREAS, it is necessary to construct a water line beneath the Missouri Pacific Railroad Co.'s right -of -way, and WHEREAS, Mo.Pac. has submitted a Pipe Line License agreement which will permit the construction of the water line, and WHEREAS, the City Council wishes to approve and execute said license agreement, 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, a Pipe Line License agreement, a copy of such agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of Novemb- ,'1983 ATTEST: 0 4b(WAACZ J2 NNE LAND, City Secretary L. ATIN, n:yor 1411 i, of Round Rock A' ' THE CITY OF ROUND ROCK LARRY L. TONN Mayor MIKE ROBINSON Mayor Pro-tent COUNCIL MEMBERS MIKE HEJLIGENSTEIN GRAHAM HOWELL. PETE CORREA JOE BAKER TRJDY L LEE BOB BENNET' City Manager STEPHAN L SHEETS City Attorney DAN R. MCNERY Municipal Judge 214 E. Main St. • AC 512-255.3612 • Round Rock, Texas 78664 Dear Ms. Withers: JAH:jl Enclosures (3) "GOOD LIVING WITH A PROUD HERITAGE" Ms. Grace Withers District Land & Lease Agent Missouri Pacific Railroad Co. P.O. Drawer M Spring, Texas 77383 November 30, 1983 Re: GLW - Pipe Line: Round Rock, TX American Airline Capital Development Corp. Enclosed are the executed Pipe Line License documents required for permission to construct a water line beneath MoPac's right -of -way at the Georgetown Lead Track, Engineer's Chainage Station 6 +30 here in Round Rock. Also enclosed is the City's warrant for 5500 as well as a certified copy of the necessary resolution with the Mayor's signature. Permit me to confirm our telephone conversation of November 29, 1983, in which I indicated the request should have been for an 8" rather than 6" diameter line. It was my understanding you would make this change prior to issuance of the License. I certainly appreciate your help. Sincerely, ack A. Harzke, P.E. Director of Public Works A. W. REES. JR. GENERAL MANAGER B. E. KERLEE ASLT NT GENERAL MANAGER R. L. SHORT GENERAL surtnorrsnoENE Mr. Jack Herzog City Engineer City of Round Rock, Texas 214 E. Main Street Round Rock, Texas 78664 Dear Mr. Herzog: MISSOURI PACIFIC RAILROAD CO. 24125 ALDIN E• WESTFIELD RD. V. D. DRAWER M SPRING, TEXAS 77383 TEL AREA CODE 713 November 14, 1983 J. W. HEAVIN °ismer ENGINEER 350 -7632 J . DUNLAP MECHANICAL. DENT O. E. KNOX ASSISTANT TO GENERAL MANAGER LAND, LEASES AND CONTRACTS 350.7520 GLW- Pipe Line: ROUND ROCK, TEXAS American Airline Capital Development Corp. Reference is made to our letter dated August 29, 1983, regarding the City's request for permission to construct a 6 -inch PVC water line beneath Missouri Pacific's right of way at the Georgetown Lead Track, Engineer's Chainage Station 6 +30 in Williamson County, Texas, at Round Rock. We are agreeable to permitting this crossing provided it is constructed in accordance with our specifications, under our supervision and provided our standard form of Pipe Line License is executed. There is a $500.00 consideration for this crossing. We have prepared in duplicate and attached hereto originals of our form Pipe Line License to cover this installation and ask that you cause the set of originals to be executed. Please have the City's Secretary attest and affix seal in the spaces provided on each of the originals. We shall also need a Resolution authorizing the Mayor's execution of the License. The executed Licenses, Resolution and $500.00 consideration should be returned to the undersigned for processing by the Railroad, after which we will return a fully executed original of the License for the City's files. Please notify our Roadmaster, V. P. Patton at Palestine, Texas, telephone (214) 723 -7747 at least 48 hours prior to the time work will begin. /drf Attachment Yours very truly, L. Withers t Land & Lease Agent • GLW- Pipe Line: ROUND ROCK, TEXAS American Airline Capital PIPE LINE LICENSE Development corp. THIS INSTRUMENT, executed in duplicate, November 14 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)r to be addressed at 214 E. Main St., Round Rock, Texas 78664 .. ;r: 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 PVC pipe , 6 inches in diameter, and appurtenance including 12 -inch steel casing, 32 feet long , herein called Pipe "Line,'oh 4 the Carrier's property, herein called Premises. Pipe Line will be used to transport , potable water . Pipe shall intersect Carrier's existing track ,xmax at Georgetown Lead Track, Engineer's witaxalainta (track or right of way) Chainage Station 6 +30 :♦ ♦ ♦• •• •♦: ;•• Williamson County , Texas , at NXiNNNXX Round Rock (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. - 1 - Form 20021 • 10/ ?4 , 1983 , WITNESSETH: Licensee when returning this license (signed) shall pay to Carrier FIVE HUNDRED ($500.00 dollars for the license granted herein. Any other payment shall be made within twenty „,j 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. 3. Term'hereof shall begin with November 14 , 1983 , 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'cure4, 3; 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. Si mail addressed as aforesaid. Not later than last day of term hereof Licensee shall.' ° 03` remove Pipe Line and restore Premises. Any of Pipe Line not so removed shall at Carrier'i. 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: ATTE T: BY (Affix Seal WITNESSES:" Secretary - 2 - Form 20021 10/74 MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, first party herein CITY OF RO Mayor As Licensee, second party herein To TAYLOR • 1 - NO S CALE 100' 1,40TE; S1GN5 D o pIPELINC �OCAT ION MUST eE p1.Acr.D. C TF.ALk W\�L \AMSON CaJraTV T 1, H ARF.E It st V ey ExtSTING 8,' WATERt\Nc PRO. (o" WATR PIPELINE 100 PS1 MAX, OPERATING PRE55URE1 PROP 12 "x 32' S''r'E L CASING .IES" W.T. 35000 PS1 M \N. Y1 ELO Ex4%8IT of" IS` @RT.4i r . 4- • "To Avy1\N CASING Lt Pao. G "Waretll.a EC5 6 MISSOURI PACIFIC RAILROAD COMPANY OISTAICT 7E� p1Y 1$10N PALESTINE AUSTIN SUBDIVI510rj TTy,� GEOR(,E-bwN. LEAP T R T . rPnD (," t'ATER PIPELINE F D.; CxT 17J 1 Rou Tv a Rnca� �T�,rT,s RCOND OCK,`rx MP 0.12 OFFICE OF DISTRICT ENGINEER, SPRING. TEXAS 5 cAus'-AS- Sµ0WN NOTE 8001( OWN. BY DEP DWG. NO. N R. E. KERLEE ASSISTANT GENERAL MANAGES R. L SHORT GENERALSUPERINTENO City of Round Rock 214 E Main Street Round Rock, Texas 78664 Gentlemen: GLW:slb MISSOURI PACIFIC RAILROAD CO. 74125 ALDINE•WESTFIELD RD. P. 0. DRAWER 31 SPRING, TEXAS 77383 TEL. AREA CODE 713 A. WMANAGER REES. JR. p. W. HEAVIN " " " " " December 16, 1983 350.7532 Yours very truly, J. G. DUNLAP MECHANICAL s snoinNDENT 350-7850 O. E. KNOX ASSISTANTTD GENERAL MANAGER LAND. LEASES ANO E:ONTRACTs 330-7520 GLW - Pipe Line. ROUND ROCK, TEXAS American Airline Capital Development Corp. Herewith your original of Pipe Line License dated November 14, 1983, covering crossing of our track at Georgetown Lead Track, Engineer's Chainage Station 6+30 in Williamson County, Texas, at Round Rock. -; Form 20021 10/74. - G r. Pipe Line: • ROUND ROCK; TEXAS . 'American Airline•Capital t PIPE LINE LICENSE bevesopment core: .. ; ,,P';.' • ' .. ' °: ' , • ' , F THIS INSTRUMENT, executed in duplicate, : ". November 14' < , 1983 , WITNESSETH: The undersigned Carrier, hereby grants; but on solely the herein - expressed :terms and Conditions, and the undersigned Licensee ( municipal corporation .' ) ^ ='3 • " (individual; copartners or corp. & state where incorporated) • to be addressed at 214 E. Main' St. • - Rotmd Rock, Texas 78664 ' . ' ■ ' p , '>'' ; • " hereby accepts,ermission to install, keep, maintain, repair, renew and use for conveying „_ ,potable water the Licensee'•s, owns ;' 'o certain 'proposed" ' ''•` 6 . r 't'• , (number) " - ' (proposed or- existing) • ,'continuous line of PVC '• r'• PiPe ; L inches.., in diameter, and appurtenances, including '12- inch_steel•'casing, long s• - , herein called-Pipe Line, on :" `'the Carrier's property; herein called, Premises r •Pipe.Line will be used: to' transport , " potable water , , Pip` Line intersect' "' t Carrier's_ existing track .. ,.,. ; z;• <', i§Hc at Georgetown' Lead Track, Engineer sR,r 4 = = - C-- = - - ' (track or right of way) :. • • Chainage Station 6+30" s; ' - C : , ' ° -, , , • ' " ' ' - ' Williamson 'County , Texas - ', at 921C .:' - Round Rock '' ' •.(county:,or- parish) 1',, - (state) 4 r7--% « • r, (place); , 'Approximate location of Pipe - Line ° is indicated: by • heavy bline : .. ', line on Exhibit A,attached hereto as part 'hereof. " ■:, - '` " 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 Licensee shall ' furnish -or do_at Licensee's cost acid 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.•'License_e, shall adjust Pipe Line te 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 one -half feet below bottom of,rail theredver. . ;., '` Licensee'shall cause Pipe Lie, before being used for anything inflammsible, 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' aiithority.. Carrier may acting for Licensee "r' furnish'or do, and 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 '.`Ca'rrier'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. "" -,. 4 �4 " ' -- ' ' fin -. F .•, - - :: - ` :',Licensee returning this license' (signed) ° shall pay to Carrier FIVE 1UNDRED($500.00) dollars,'for the'license granted herein. ''JCny other payment shall be made - within twenty '4 • - days following receipt of bill. shall pay.cost to Carrier for all labor, includ- ' ''ing wages of .foremen;'cost of Carrier's rails, plus freightat tariff rates . td' 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 ;" Licensee agreesto_(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 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, cau's'ed and regardless, of any negligence on the , part of "Carrier,• or otherwise'. ' } . - 855 3 . Term ' hereof• shall begin With. November - ;• `, 19 .and continue there- - after 'until concluded :(1st) by expiration qf- _ days following serving, - ',by Licensee on Carrier, vice of, written,notice'of-_intentiori'to end,term hereof' , or (2nd), at Carrier's election without fuither 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) t'o show statutory right• to install Pipe Line'within days.follo{ai.ng Carrier's' written request : therefor.'. Any notice;of Carrier shall be deemed served 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 "sha11 remove Pipe Line and restore Premises: Any,of'Pipe,Line not so ^removed shall at',Ca - 'election - Without notice ^be deemed abandoned::- Covenants - herein. shall inure to or. ° bind - each ;party's heirs,-legal"representatives,, successors and assign §; - provided: no right'of .. ' Licensee shall be transferred or assigned ,• -either voluntarily involuntarily; except by- express agreement acceptable ' t6•Carrier. Carrier or Licensee .may .waive any default a any - time of,-the other without affecting; or impairing any right arising from,,any WITNESSES: •MISSOURI PACIFIC RAILROAD COMPARY ty herein; sequent default. { �` "'" fF• To TAYLOR T, h •1+� NOTE: 100' 4, No 5 ACC 3'0014w. s ° I+ c• ' > 5 'E "MIN. C TkAGK 15'@ RT. 4 T o Yk. 1 I 1 11 j { `CASING SEAL I . - C ASING Y EA . + at PRO a" W WA-TER R I ?WE URE 1 100 PSI MRX. PROP 12'' ,2' STEEL CA51•G .1538" W.T. 350oo p s 1 MT N. Y1 EIA . SIGNS DENOTING PIPELINS LOCATION MUST In Vt. ACED, . NOTEBOOK W1LL1gthSON Co N" T SuRdd.Y 4 0 55517 ExHlSIT "A" Ex1S1I1.46 8" wATERU To AY6T1H T 0. S "wATE[L»d ECS 4130 _ _. MISSOURI PACIFIC RAILROAD COMPANY DISTRICT TEX DMSION PALESTINE " AUSTIN SUSPIv1510r1 GEo RGETowN. LEAD TQ . PROP 8" WATER Foil arty b Roil ntn" RoC.i< - Ts,cRs RouNoROCK,TX - M? 0.12. OFFICE OF DISTRICT ENGINEER. SPNNG. TEXAS I SCALE AS SHOWN DWN. BY DE I DATE q /ig1/33IDWG MISSOURI PACIFIC RAILROAD COMPANY 24125 Aldine - Westfield Road P. O. Drawer M Spring, Texas 77373 City of Round Rock 214 E. Main Street Round Rock, TX 78664