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R-86-885 - 6/26/1986WHEREAS, it 's necessary to construct a 16 -inch ductile iron pipe e beneath Missouri Pacific's right -of - way at mile post 161.85, and WHEREAS, MoPac has submitted a Pipe Line License Agreement which w'1; permit the construction of sad 16 -inch ductile iron pipe line, and WHEREAS, the City Council wishes to approve and execute said license agreement and pay the required fees, Now Therefore, EE _'T RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor of the City of Round Rock, Texas, is hereby authori. :e,= and directed to execute on behalf of the City, an agreement to permit the construction of a 16 -inch ductile iron pipe line beneath McPac's right--of -way at mile post 161.85, a copy of such agreement being attach hereto and incorporated herein for al' purposes. RESOLVED this day of June, 1986, ATT ST: NNE LAND. City secretary RESOLUTION NO. A MIKE ROBINSON, Mayor City of Round Rook, Texas J. S. WILMOTH DISTRICT DIRECTOR CONTRACTS & REAL ESTATE 350-7517 G. W. RANOOLPH ASST. DISTRICT MANAGER CONTRACTS 8, LEASES 350-7524 City of Round Rock 214 East Main Street Round Rock, Texas 78664 Gentlemen: /slb UNION PACIFIC RAILROAD COMPANY PACIFIC 1 1111 1 24125 ALDINE - WESTFIELD RD. SPRING, TEXAS 77373 TEL. AREA CODE 713 July 23, 1986 MPH - Pipe Line: ROUND ROCK, TEXAS City of Round Rock Herewith your original of agreement dated June 18, 1986, covering pipe line on Railroad's property at Round Rock, Texas. Sincerely, M. P.HORN ASST. DISTRICT MANAGER CONTRACTS & REAL ESTATE 350-7519 PIPE LINE LICENSE Form 20021 THIS INSTRUMENT, executed in duplicate, June 18, 1986, WITNESSETH: The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee (a Municipal Corporation of the State of Texas), to be addressed at 214 East Main Street, Round Rock, Texas 78664, hereby accepts, permission to install, keep, main- tain, repair, renew and use for conveying potable eater the Licensee's own one (1) certain proposed continuous line of ductile iron pipe, 16- inches in diameter, and appurtenances, including a 30 -inch steel casing, 195 feet long, herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to convey potable eater. Pipe Line shall intersect Carrier's existing track at Engineer's Chainage Station 8547+72.8, at Round Rock, Williamson County, Texas. Approximate location of Pipe Line is indicat- ed 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 Carri- er'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 Six Hundred ($600.00) 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 June 18, 1986, 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 subsequent default. WITNESS •: ATTEST: ?,(414.,),_-) By Form 20021 MISSOURI PACIFIC RAILROAD COMPANY By 67, T (J General Manager As Carrier, first party herein CITY OF j ROU UN ND RO TEXAS B /0"'G I2/444"4...-. As Licensee, second party herein 1 -MP S'G' Mit/. f 1 ,, �'xrsTJ_ r, �.. - / AYFP - tiittitt16;;L ,ic - .V�7PlL,l OFPIGE QF O1STBCT ENGINEER. SPRING TEXAS MISSOURI__l C IFIIRAILROAD:COMPANY DISTINCT 1HERN 01 ION R RirerN Y `'. - 'C, ry o Ror1ND Pogo:. 1 62 .4Z ' —rc— 19.6%t' nn PM= 30`Srtrzr.wj . I"RoR P � L X r n!� — P FQI G e CA RR /6 DucrxE_Tholv P /PE OPEJzEinsic, P2ESSVT" E t5Prt -- CA S IFdG 30 ' SrEEL P I P E 1 1 1 M TIE LD 35,,009 W A L L T H « i t r / S S I O A - " 0 0 . 1 . 3 ia 4 446rwIL. A6nif.`! 42 / 6e ' L.OHt O L!T t' `a/ATEA. 7re;,A15 rSENogrN6 I , ELIFE P..JC-AY lr.1'e h4v5. %3 F" PLA::Ct? itip . .fAcce, M. , 5:-7m -:my V/!LL - ..' NOTE BOOK O V N. BY \N 1' r I OATS 5% DWG. i•O. 5.°C5C. PLEASE SUBSTITUTE DATE: June 23, 1986 SUBJECT: Council Agenda, June 26, 1986 ITEM: 13C - Consider a resolution authorizing the Mayor to execute an agreement with Union Pacific Railroad. This resolution authorizes the Mayor to enter into a pipeline agreement with Union Pacific for a 16" water line at IH -35 & McNeil Road.