R-86-839 - 3/27/1986ATTEST:
1
LAND, ity Secretary
RESOLUTION NQ. Od /k.
WHEREAS, it is necessary to construct a 60 -inch sewer pipe line
beneath the Missouri - Kansas -Texas Railroad Company's (MKT) rijht-
of way; and
WHEREAS',' MKT has submitted a Pipe Line License agreement
which will permit the construction said sewer pipe line; 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 QF 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 60 - inch sewer pipe line beneath MKT'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.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
■
PIPE LINE LICENSE
THIS AGREEMENT No made this 1st day of March 19 86
between the MISSOURI- KANSAS -TEXAS RAILROAD COMPANY, hereinafter called "Licensor ", and
CITY OF ROUND ROCK, TEXAS
hereinafter called "Licensee ".
WITNESSETH:
ARTICLE I.
1. Term: This agreement shall take effect the date hereof, and unless sooner termi-
nated as provided herein, shall continue in force so long as used for the purpose herein
set out for a period of ten (10) years, or until terminated by either party giving the
other party not less than thirty (30) days' advance notice in writing of an intention to
terminate the same, the agreement to terminate upon the expiration of such term or notice,
whichever occurs first. Licensee is hereby given a renewal option at a price and term to
be negotiated no sooner than 120 days or less than 30 days prior to the expiration of this
term. In the event the amount of renegotiated rental is not agreed to in writing by both
parties, prior to the expiration of the term of this license, this license shall automati-
cally terminate without notice, effective the last day of the expiring term.
2. Consideration and Description: In consideration of THREE THOUSAND FIVE. HUNDRED AND
N0 /100 - -- (e 3,500,00 ) DOLLARS
receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth, Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by hnrinE method,
wipe lines(s) encased in a carrier pipe not exceeding sixty ( 60 ') inches in diameter, to be
used for carrying sewer across or
along Licensor's property at or near Round Rock in the County of Williamson and State
of ' Texas For convenience, the said pipe line is hereinafter referred to as "Crossing ". The location of said
Crossing is more particularly described as follows:
All as shown on Licensor's print of
Drawing No. A031,214, Engineering
Department, Denison, Texas, dated
January 24, 1985, marked Exhibit "A ",
attached hereto and made a part hereof.
W • ,
ARTICLE I1.
Licensee undertakes and agrees:
1. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Assodiation Part S. Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee. and in a manner and with
material satisfactory to Licensors Chief Eneineer. w ith its top at least live and one -half (5 F ) feet beneath the base of the rail under
the track, and at least five and one- half(5 -1/2) feet below the surface of the ground
elsewhere, so it will not interfere with the safe operation of said railroad or cause
damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it .
.passes under any railroad track, and for at least twenty -five (25') feet on each side of
the center line of any such track.
2. Present Occupants: To make appropriate arrangements with any person or kgal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor, so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof. howsoever such damage
shall be caused. whether by the negligence of Licensor, its agents. employees, or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and hold harmless
Licensor and Licensor's subsidiary company, Electra Communications Corporation, from and
against all liability for or on account of injury to or death of any and all persons or
damage to property, including livestock killed or injured, resulting from or incident to
the construction, maintenance, use, operation, relocation, reconstruction or existence of
said Crossing on Licensor's premises, or the removal thereof from said premises, or to
the restoration of or failure to restore said premises to their prior or other condition
as herein provided, whether such injury, death or damage shall be caused or contributed
to by the negligence of Licensor, its agents, employees or otherwise, and Licensee will
protect, indemnify and hold harmless Licensor and any others legally using its right of
way, from all claims, demands, suits or actions growing out of any such loss, injury or
demands, including investigation costs, court costs, and attorney's fees resulting in or in
any manner arising from the risks herein assumed by Licensee. Licensee further agrees to
immediately investigate any such claims, demands, or suits and shall defend, settle, and or
otherwise dispose of the same at its sole cost and expense. In the event Licensee settles
any such claims, demands, or suits, it shall obtain a release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of anv damage Licensee ma)
suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or an) part
thereof.
4. '.ais er: To waive all right to question the validity of this License or any of the terms or pros isions hereof, or the right
or power of Licensor to execute and enforce the same.
ARTICLE 1I1.
It is mutually agreed by and between the parties, as follows:
1.(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, orany part thereof. or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in theuse
or operation of Licensor's railroad, or any of its present or future appurtenances, or telegraph. telephone, signal or other lines on
Licensor's right of way, and in the event it is found necessary for Licensor to use its entire right of way. orany portion of it occupied
by the Crossing. Licensee shall at its sole expense, and within thirty (30) days after notice so to do. (or upon shorter notice in case of
emergency). remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, or change of location
to be made, or repairs to be made, or Crossing to be removed from Licensor's property, Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools: or
Licensor may terminate this License by giving to Licensee not less than ten (10) days' advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor. and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing.
-2-
ll. atatorattao: %Joan tie krmina110N of fan airs% gnu. whet*, IS aCCOrwnce with the provisions of Maim)* Of
. Antck Lim Paragraph 2 or 4 of Amick 111, or other tae, Licensee shall promptly remove acid Crouutg from Licensor's righted
way, and restore said right of way to as prior condition, of to a condition satisfactory to Licensor. If Licensee shall faille feawve
se:c 4'rouing within thirty (30) days after the termination of this agreement. Licensor may remove the same. end char, ttba
.: calcnsc therefor to the Licensee oa the basis provided is Paragraph 1(b) of Amick 111.
4. Miscellaneous: (a) This License and all of the provisions herein contained stall be binding upon the parties hereto.
their heirs. executors, administrators. successors and auigns. and Licensee agrees to supply notice in writing to Licensor of any
name changes. Licensee agrees not to assign this License or any interest therein. without the consent of Licensor in writing. and any
and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any
assignment, Licensee shall at all times remain fully responsible and liable for the payment Mille rental. ifany. herein specified and
for the compliance of all of its other obligations under the terms. provisions. and covenants of this License.
(b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yearly
anniversary date of this license by giving Licensee thirty (30) days' written notice. Licensor may increase the rental by the
percentage that the Consumer Price index has increased, published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent. or if posted on or if mailed. postpaid. addressed to Licensee at his last
known place of business. -
(e) No oral promises. oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration,
amendment. supplement. or waiver of any of the provisions of this license be binding upon either party hereto unkss the
same be supplemented, altered, changed, or amended by an instrument in writing. signed by Licensor and Licensee.
(f) Prior to the commencement of any work on Licensor's right of way, Licensee
or Licensee's contractor shall give five (5) working days' notice to Licensor's
Roadmaster Mr. J. E. McMinn, P. 0. Box 9035, San Antonio, Texas
Phone: (512) 225 -1521
and until such notification has been properly given and approval received, Licensee
shall not commence work on Licensor's right of way.
(g) Prior to the commencement of any work on Licensor's right of way, in addition
to the notice required above, Licensee or Licensee's contractor shall give five
(5) working day's notice to Electra Communications Corporation, herein called
"Electra" , by contacting the Director, Fiber Systems at P. 0. Sox 10305, Dallas,
Texas 75207 -0305, telephone number 1 -500- 441 -0223, and until such notification
has been properly given and approval received, Licensee shall not commence work on
Licensor's right of way. Electra may require inspection pit(s) to be dug at
Licensee's sole expense in order to protect Electra's fiber optic communication
system. Failure on the part of Licensee to comply with the provisions of this
section may, without waiving any other rights of the parties hereto, result in
the termination of this License.
(h) This License does not become binding upon Licensor until executed by Licensor's
vice president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
MISSOURI- KANSAS -TEXAS RAILROAD COMPANY
File: T -1654
By
Vice- President
CITY OF ROUND ROCK, TEXAS
By
Title Mayor
214 East Main Street
Address: Round Rork_ T.,.,, 7Rf,AG
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EXHIBIT i4
Attached To L icews e.
8etweeN
MISSOURI KANSAS - TEXAS RA /[ROAD CQ
And
Clty of Rovad Rock
For
60" R.C.P. sewer
Opp.10. 11 near
Rovntd Rock Texas
AVSYIU ' Sobdms tON
EN9INU J N9 Dept. Derrrsos, Texas
scale: / " /OO' January 24, /986
Drawn 8y taeo
DRAWING A1O.A- 91,2/4
February 6, 1986
File: T -1654
Mr. Steven D. Miller
Engineering Assistant
City of Round Rock
214 E. Main Street
Round Rock, TX 78664
RE: Proposed 60 -inch sewer pipe line crossing and manhole
at Mile Post U- 932.22 near Round Rock
Dear Steve:
A revised License and Contractor's Agreement have been prepared to correct the
errors and to provide for the larger pipe should the City decide to change from
the originally proposed 54 -inch RCP.
Please see that of-the (3') License_cop_ies are signed by the Mayor"orj
other - authorized - city_ official and - returned 55ge`the6 with - a - copy of a = council
(Resolution authorizing that individual to sign on behalf of the City and_a check
in the amount - of - the previously transmitted iivoicel
Please forward the Contractor's Agreement and instructions to the contractor
installing the pipe line. This is a separate agreement between the contractor
and the Railroad and must also be approved prior to construction. .Uce c (i.w L (U4
Upo-p_receipt signed License copies' „Resolution and remittance'! we will
proceed with the approval process which takes approximately two weeks.
If I can be of assistance, please feel free to call.
Sincerely,
Jan Seidner
Right of Way Contracts Manager
(214) 651 -6763
JMS:klw
Enclosure
MISSOURI- KANSAS -TEXAS RAILROAD COMPANY
REAL ESTATE AND INDUSTRIAL DEVELOPMENT DEPARTMENT
PROPERTY MANAGEMENT DIVISION
KATY BUILDING, SUITE 700
701 COMMERCE
DALLAS, TEXAS 75202
(214) 651 -6754
ORIGINA
CITY OF ROUND ROCK, TEXAS
214 E. Main St.
Round Rock, TX 78664
MAKE CHECK PAYABLE TO
MISSOURI - KANSAS -TEXAS RAILROAD COMPANY
• REMIT TO TREASURER 700 Katy Building, Dallas, Texas 75202
CONSIDERATION due under terms and conditions of
Pipe Line License; dated March 1, 1986, covering
one 54 -inch storm sewer pipe line and manhole at
Mile Post U- 932.22 near Round Rock, TX
Bill Audit No. 1- 1- 6 -7 -81
Month's Acct
RE & I D # 1M73 -
DATE 1 -29 -86
FILE T -1654
$3,500
rAt-
00