Loading...
R-86-838 - 3/27/1986WHEREAS, it is necessary to construct a 42 inch storm sewer beneath the Missouri Pacific Railroad Company's (MoPac) right - of -way; and WHEREAS, MoPac has submitted a Pipe Line License agreemeht which will permit the construction of said storm sewer, and WHEREAS, the City Council wishes to approve and execute said license agreement and pay the required fees, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor of the City of Round Rock, Texas, is hereby authorized and directed to execute on behalf of the City, an agreement to permit the construction of a 42 inch storm sewer beneath MoPac's right -of -way, a copy of such agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of March, 1986. ATTEST: ANNE LAND, City Secretary RESOLUTION NO. A3p4? itfAZ /141.- MIKE ROBINSON, Mayor City of Round Rock, Texas s DATE: SUBJECT: ITEM: March 25, 1986 Council Agenda, March 27, 1986 11A - Consider a resolution authorizing the Mayor to enter into a pipe line agreement with Missouri Pacific Railroad for the East Main Street Improvements. This agreement permits the City to place a 42" storm sewer pipe under the MoPac railway. Mr. Al Wille City of Round Rock 214 E. Main Street Round Rock, TX 78664 RE: Railroad Permit — East Main Street Improvements Dear Al: Please find enclosed the License for the above referenced bore under the Union Pacific Railroad. A resolution needs to be on the next City Council agenda authorizing the Mayor to enter into this agreement. I have been told by Jerry Wilmoth with Union Pacific that as soon as this material is back in the mail to their office we may proceed with the construction of the storm sewer. If you have any questions, please let me know. Very truly yours, HAYNIE § RALLMAN, INC. AWW/ j g Enclosures Haynie & Kallman, Inc. CONSULTING ENGINEERS cc: Mr. Wiley Green. Capital Excavation Mr. James Domel, Haynie & Kallman File No: 103 -614 1106 South May • Round Rock, Texas 78664 • (512) 255 - 7861 March 13, 1986 A. William Waeltz Project Manager CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING J. S. WILMOTH DISTRICT DIRECTOR CONTRACTS & REAL ESTATE 350 -7517 G W RANDOLPH ASST DISTRICT MANAGER CONTRACTS & LEASES 350 -7524 Mr. A. William Waeltz Haynie & Kaltman, Inc. 1106 South Mays Round Rock, Texas 78664 Dear Mr. Waeltz: UNION PACIFIC RAILROAD COMPANY AOrt 111111 24125 ALDINE - WESTFIELD RD PO DRAWER M SPRING, TEXAS 77383 TEL AREA CODE 713 March 11, 1986 RECEIVED MAR 1319861 Haynie and I(ail n ^n. Ir JSW- Pipe Line: ROUND ROCK, TEXAS City of Round Rock 700' West of MP 161 Reference is made to past correspondence, regarding your firm's request on behalf of the City of Round Rock, Texas, for permission to construct a 42 -inch storm sewer beneath Missouri Pacific's right of way at Mile Post 161.1, Engineer's Chainage Station 8503 +91, in Williamson County, Texas, at Round Rock. We are agreeable to permitting this crossing provided it is con- structed in accordance with our specifications, under our supervision and provided our standard form of Pipe Line License is executed. There is a $1,100.00 consideration for this crossing. M. P. HORN ASST. DISTRICT MANAGER CONTRACTS & REAL ESTATE 350-7519 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. nAkl'° The executed Licenses, Resolution and $1,100.00 consideration should be returned to the undersigned for processing by the Railroad, which will return a fully executed License for the City's files. Before installation of your facility on our right of way, we require that you contact the Railroad's Roadmaster, Mr. 0. Escamilla, at Austin, Texas, telephone (512), 476 -3927, at least 48 hours prior to the time work will begin. In addition, you must contact each of the following companies since they may have fiber optic cables paralleling our tracks in this area: JSW /drf Attachment AT &T -- 1- 800 - 252 -1133 LDX -- 1 800 - 922 - 3900 MCI -- 1- 214 - 234 -2201 U. S. Telecom -- 1- 800 -521 -0579. Yours ry truly, vla... PIPE LINE LICENSE THIS INSTRUMENT, executed in duplicate, March 11, 1986, WITNESSETH: The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee (a municipal corporation), to be addressed at 214 East Main Street, Round Rock, Texas 78664, hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying storm sewage the Licensee's own one (1) certain proposed continuous line of CMP pipe, 42 inches in diameter, and appurtenances, herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to tie into existing drainage ditch. Pipe Line shall intersect Carrier's existing track at Mile Post 161.1, Engineer's Chainage Station 8503 +91, in Williamson County, Texas, at Round Rock. 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 ONE THOUSAND ONE HUNDRED ($1,100.00) 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, including 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, 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 /larch 11, 1986, and continue thereafter 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 - to cure any default or (a - 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 conspicu- ously 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 subsequent default. WITNESSES: ATTEST: By Form 20021 MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, first party herein CITY OF ROUND ROCK, TEXAS By .�q• Vice President As Licensee, second party herein 0 - T� 7o0' To HP'S/ Qt so ' • fi M las' ���^� TAK'<<1 212' d Tic K l ' Z • .. S■V _ _ ' m S SRN-4. - tYyiiw ' orres c. i 7'0"Au vnf. trtrtrtrtr rr // No :.AL - R r. OP. %C // C PR/4 h 90/ 4.2 rf'/1,P" G x Viz_' CoAAac.AT1o" /Or; vAGs F"f Jir -p. ^uDF_C- 'or \ * " i DA/' PIv.r i LAsir/G. N or✓r OMmon /ry 5 77.,. J 1 ✓ r r � !t4 - 7& is >1 EX far DY/N BY WL H '- . e,• s s , Rovntn Rock,T VOL /A MSON, CovAJrr ccE • • BAGQAP St. - . • $ "...or* • • YEAPWP(J. • MISSOv21 ,PACIFIC RAILROAD COMPANY DITAICT OUTHERN . DIVISION. RCCAI✓ER A� sr,.. Sao. - PRO. 42 it GrT %Gr= �OVIfGa fC,OG/��TG:l.AS N L RaLi i&' e - K ♦ P/ . / oATE3- /o-36 DWG NO -b49F MP Rd SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES (A) SCOPE Pipe lines included under these specifications are those installed to carry o11, gas, gasoline or other combustible sub- stance, under pressure, which from its nature orressure might cause damage if escaping on or in vicinity of railroad proper- ty. Gas transmission and distribution lines in city streets, carrying less than 45 -11. pressure. are not to be considered as coming under these specifications. 1. INSTALLATION: Pipe lines under railroad tracks and right -of -way shall be encased in a larger pipe or casing and installed as indi- cated in figure below: — Right of Way Line 45Ft. Minimum �> SeeNote2 co Sign k - f -- 1 4 Ft. Minimum Roadbed # 3Ft.Minimum b Se al --./ entpipe at low end See Motel to be connected to bottom of casing EXHIBIT B To Form 20021 (B) PIPE LINES CROSSING UNDER TRACKS • 5 Ft: 6in.Minimum See Section Casingd Carrier Pipe Right oF Way Line -y 45 Ft. Minimum ` See Note 2 C Sign See Note3 a` 4Ff ilinimum� U < Cace Form .2•00Z 10.74 f [L a. 13 E • 2 Vent pipe at high See Note 1 end to be connected to top oFcasing Note 1. Seal and vent pipe not required if casing ends above ground where drainage 1s available. 2. Casing to extend beyond limit of railroad right -of -way if necessary to provide proper length outside of track. 3. Sign indicating location of pipe line at right -of -way line to be installed where required by the Railroad. 4. For shut -off valves see Section 7. 2. CARRIER PIPE. Carrier pipe inside o£ sing under railroad tracks and on right -of -way shall be of good construction (usually the same as at either side of railroad), of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either seamless or substantially welded pipe with "approved" joints. Pipe at the railroad crossing shall be laid with slack (no tension) in the line. 3. CASING PIPE• Casing and joints in same may be of any conduit construction approved by the Railroad and shall be capable of with- standing load of railroad roadbed, track and traffic; it shall be so constructed as to prevent leakage of any substance from the casing throughout its length except at the ends of casing which are left open, or through the vent pipes at the ends of casing which are sealed to outside of carrier pipe. Casing shall be installed with even bearing throughout its length and shall slope to one end; it shall be so installed as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large to permit ready withdrawal of carrier pipe without disturbing the roadbed. 4. SEALS. Where ends of casing are below ground they shall be suitably sealed to outside of carrier pipe and properly vented above ground with vent pipes not less than 2 inches in diameter and extending not less than 4 feet above ground surface. Vent pipe at low end of casing shall be connected with bottom of casing and vent pipe at high end shall be connected with top of casing. Tops of vent pipes shall be fitted with down turned elbows properly screened. Where ends of casing are at or above ground surface and above high water level they may be left open, provided drain - issenoo t afforded ided. ends in such of casing shall be se e aled l to e outside conducted away o f carrier from and v e t installede proper drainage prov o g s r (SEE OTHER SIDE)