R-90-1426 - 3/8/1990WHEREAS, the City Council desires the construction of a
wastewater pipeline; and
WHEREAS, in order to commence this project, the City needs to
obtain a license agreement with the Union Pacific Railroad, 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 license agreement with the Union Pacific
Railroad, a copy of said license agreement being attached hereto and
incorporated herein for all purposes.
RESOLVED this jail day of March, 1990.
ATTEST:
41 1/ Al All
JO`i'NE LAND, Cl Secretary
RES /03080D
RESOLUTION NO. / ! oC6 )€
MIKE ROBINSON, Mayor
City of Round Rock, Texas
B W ZANDBERGEN
GENERAL DIRECTOR
ROOM 1100.1416 DODGE STREET
OMAHA. NEBRASKA 68179
(402) 271.3753
FAX(402)271 -5493
MR DANIEL LYNN HALDEN P E
PUBLIC WORKS DEPARTMENT
CITY OF ROUND ROCK
221 EAST MAIN ST
ROUND ROCK TX 78664
Dear Mr. Halden:
UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
gnInt
111111
JUL 2 31990
Attached is your fully- executed copy of agreement covering a
wastewater pipeline crossing at Mile Post 160.86, Round Rock, Texas.
J A ANTHONY
DIRECTOR- CONTRACTS
D D. BROWN
DIRECTOR -REAL ESTATE SALES
D H. LIGHTWINE
DIRECTOR - FIELD OPERATIONS
R F NIEHAUS
DIRECTOR PROJECTS
W F. SOMERVELL
DIRECTOR - JOINT FACILITIES
1354 -84
u.
A udit iYo. -..... —�
If this construction is to be done by a contractor, before work can
begin, the Contractor's Right of Entry Agreement must be executed by the
contractor and returned to me, together with their proof of insurance, as
provided in Article 4 of this agreement.
In compliance with the Internal Revenue Service's new policy regarding
their Form 1099, this is to advise you that 43- 1118635 is Missouri Pacific
Railroad Company's correct Federal Taxpayer Identification Number and we are
doing business as a corporation.
The Railroad Company has authorized the installation of fiber optic
cable facilities on its property in certain areas. Prior to using the Railroad
Company's property covered herein, you should thoroughly review the terms and
conditions of this document and contact the Railroad Company at 1 -800- 336 -9193
to determine if a fiber optic cable Ls buried on the subject property.
In accordance with <the terms ; of this agreement, 48 hours in advance
of entering the right of way you should arrange to notify our Superintendent:
Jack Dennis
24125 ALdine'Westfield .Rd. -Y.,
Spring, Texas 77373 f
(713) 350 -7660. ; - ?
Sincerely,'
J. PN THONY
Dir c r - Contracts
THIS AGREEMENT is made and entered into as of the /( r day of
, 19 90 , by and between MISSOURI PACIFIC RAILROAD COMPANY,
a De war/ corporation, (hereinafter the Licensor) and CITY OF ROUND ROCK, a
Texas municipal corporation, of 300 S. Blair, Round Rock, Texas 78664
(hereinafter the Licensee).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article 1. LICENSE FEE.
Upon the execution of this Agreement, the Licensee shall pay to the
Licensor a license fee of five hundred eighty -two dollars ($582.00).
Article 2. LICENSOR GRANTS RIGHT.
PIPELINE AGREEMENT
CROSSING
Mile Post 160.86 Austin Sub.
Round Rock, Williamson County, Texas
In consideration of the license fee to be paid by Licensee and in
further consideration of the covenants and agreements herein contained to be
by the Licensee kept, observed and performed, the Licensor hereby grants to
the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate a wastewater pipeline crossing (hereinafter called the
Pipeline) in the location shown and in conformity with the dimensions and
specifications indicated on the attached print dated January 23, 1990, marked
Exhibit A.
Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each
and all of the terms, provisions, conditions, limitations and covenants set
forth herein and in Exhibit B, hereto attached.
Article 4. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
U• eem ttt
pgr
n r 91.1.
PL X 890707
Form Approved, AVP -Law
Folder No. 1354 -84
If a contractor is to do any of the work performed on the pipeline
(including initial construction and subsequent relocation or substantial
maintenance and repair work), then the Licensee shall require its contractor
to execute the Licensor's form Contractor's Right of Entry Agreement.
Licensee acknowledges receipt of a copy of the Contractor's Right of Entry
Agreement and understanding of its terms, provisions, and requirements, and
will inform its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises
without first executing the Contractor's Right of Entry Agreement.
Article 5. TERM.
This Agreement shall take effect as of the date first herein written
and shall continue in full force and effect until terminated as herein
provided.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed as of the date first herein written.
wi s: '
VM/. // // ! /A /1 /L_I
PL X 890707
Form Approved, AVP -Law
X
Mayor
URI PACIFIC RAILROAD COMPANY
Di ¢ ctor - Contracts
CITY OF ROUND R// 2
LQ
—�'' ? s ik Go., ; .r
pua0
RESOLUTION
WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY (hereinafter called
Railroad Company) has tendered to the CITY OF ROUND ROCK, STATE OF TEXAS,
(hereinafter called City) a license for a wastewater pipeline crossing at Mile
Post 160.86, Round Rock, Texas;
WHEREAS, the Council of said City has said proposed agreement before
it and has given it careful review and consideration; and
WHEREAS, it is considered that the best interests of said City will
be subserved by the acceptance of said agreement;
TEXAS:
STATE OF TEXAS
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
That the terms of the agreement submitted by the Railroad Company as
aforesaid be, and the same are hereby, accepted in behalf of said City;
That the Mayor of said City is hereby authorized, empowered, and
directed to execute said agreement on behalf of said City and that the City
Clerk of said City is hereby authorized and directed to attest said agreement
and to attached to each duplicate original of said agreement a certified copy
of this Resolution.
COUNTY OF WILLIAMSON
)ss
I, , City Clerk of said City hereby certify
that the above and foregoing is a true, full and correct copy of a resolution
adopted by the Council of said City at a meeting held according to law at said
City on the day of , 19 , as the same
appears on file and of record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said City, this day of
19
PL X &E ROE 890709
Form Approved, AVP -Law
City Clerk of the
City of Round Rock
State of Texas
`.....---°'.''.
o .. s CA ;
toeem S�,���ji
Aua` �
INDDICATE NORTI+.DIRECTION
RN' 5 ;VW
NO SCALE
» —rD ROUND ROCK e
I NEAREST R. R. 701N11 t�
k.
�2_FT
INOTC THIS 011AEN51DN REWIND IN ALL CASES.
AT LOCATIONS NOT USING SECTIONS, DISTANCE
TD A LEGAL SUNTEY LINE IS REPAIRED)
APPLICATION FOR ENCASED
NON- FLAMMABLE PIPELINE CROSSING
750 FT.
—24.120_ FT.
l SEE NOTES 3 • SI
BURNET ST. BRIDGE
10E5CRIBE FIXED OBJECT/
: SEE NOTE 51
MIS PIPELINE CROSSING WITHIN DEDICATED STREET ?YES; X NO;
BINAME OF STREET
C)CARRIER PIPE :
COMMODITY TO BE CONVEYED MUNICIPAL WASTEWATER
OPERATING PRESSURE 0 P51
WALL THICKNESS ;OIAMETER 1 0"T.DIMATERIAI PVC
D)D!STRIBUTION LINE OR TRANSMISSION LINE X
E) CASING PIPE :
MIN. WALL THICKNESS 5/16" ;DIAMETER 16" •MATERIAL STEEL,
NOTE :CASING MUST HAVE 2• CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR
DIAMETER OF CASING PIPE . WHEN FURNISHING
DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND
INSIDE OF CASING PIPE
F1 METHOD OF INSTALLING CASING PIPE UNDER TRACKISI:
X DRY BORE AND JACK (WET BORE NOT PERMITTED) ;
_ TUNNEL ; OTHER
G)OISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 35 FT.
H) APPLICANT HAS CONTACTED MARK ETHAN IN:• 11111.1
OF 11. P. COMMUNICATION DEPARTMENT AND HAS DETERMINED FIBER
OPTIC CABLE X DOES ;_DOES NOT ; EXIST IN VICINITY OF
WORK TO BE PERFORMED .
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO PROCESS THIS APPLICATION.
451OFT.
54 FT.
SEE NOTES 3 A 1)
A190 •0000' (SEE PLAN)
)ANGLE OF CROSSING'
CL CULVERT
IOESCRIBE FIXED 03.■ECt)
11EE NOTE 51
5Q F7.
1
95 FT.
95 F7
NOTES :
I CASING LENGTH WHEN NEASIRIED ALONG PIPELINE.:
I) ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM p OF TRACK.
21 CASING 70 EXTEND BEYOND THE CENTERLINE OF TRACK AT RIGHT ANGLES THE GREATER OF 20 4 20 FT., 'OR 30 FT.,
AND BEYOND LIMIT OF RAILROAD RIGHT -OF -WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK.
31 MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE, 4 OF ANY CULVERT, OR FROM ANY SWITCHING AREA.
Al SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING.
5) ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; ¢ OF ROAD CR05SING5 B OVERHEAD VIADUCTS (GIVE ROAD NAME),
IAFFLNI."
A T WILLIAMSON COUNTY TEXAS
■ A R N I N G
FORM OR- 0297 -8
REV. 5-8-89
M•5 A,.
• 12QFT.
TD HUTTO �.
!NEAREST N.A. 10111
STEEL CASING WALL
THICKNESS CHART
MINIMUM
THICKNESS
DIAMETER OF
CASING PIPE
I /A' Ir OR LESS
5/16' OVER Ir -IB
3 /B• OVER 18• -22•
7/I6' OVER 22
14r OVER 28 -34
9/16 ovER 34
548• OvER 4r -48
OVER 4r NAT BE
APPROVED BY R.R. CO.
NOTE: THIS CHART IS
031 7 L5 LNG P SM P O S H W STEEL
MINI YIt'LO STRENGTH
OF 35.000 PSI.
FORMULA TO FIGURE CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN BO.
EXHIBIT "A"
OR CULVERTS.
Miss" PACIFIC RAILROAD CO.
Ius
ECS 84e } 4Ep ' 1sal 1521-19
M. P �kQ
ENCASED PIPELINE CROSSING FOR
THE CITY OF ROUND ROCK
ton, mum. ,
RR FILE NO /354 -SItDATE /
IN ALL OCCASIO6. 3. P. COAYNCATIO6
OTYMTI[NT MAST BE CO,GACIEO IN A01RNCC
or ANT HONK TO DETERMINE 05)501NCE AM
LOCATION Of FIBER ERIC coma.
MAO : 1- EDO33E -1:33
PL X 890707 •
Form Approved, AVP -Law
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prior and
continuing right and obligation of the Licensor to use and maintain its entire property
including the right and power of the Licensor to construct, maintain, repair, renew, use,
operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or
other wirelines, pipelines and other facilities upon, along or across any or all parts of its
property, all or any of which may be freely done at any time or times by the Licensor without
liability to the Licensee or to any other party for compensation or damages.
(b) The foregoing grant is also subject to all outstanding superior rights
(including those in favor of licensees and lessees of the Licensor's property, and others) and
the right of the Licensor to renew and extend the same, and is node without covenant of title
or for quiet enjoyment.
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
(a) The Pipeline shall be constructed, operated, maintained repaired, renewed
modified and /or reconstructed by the Licensee in strict conformity with Union Pacific Railroad
Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and
supplements thereto, which by this reference is hereby made a part hereof, except as may be
modified and approved by the Licensor's Assistant Vice President - Engineering Services. In the
event such Specification conflicts in any, respect with the requirements of any federal, state
or municipal law or regulation, such requirements shall govern on all points of conflict, but
in all other respects the Specification shall apply.
(b) All work performed on property of the Licensor in connection with the
construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline
shall be done under the supervision and to the satisfaction of the Licensor.
(c) Prior to the commencement of any work in connection with the construction,
maintenance, repair, renewal, modification, relocation, reconstruction or removal of the
Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the
Licensee shall submit to the Licensor plans setting out the method and manner of handling the
work, including the shoring and cribbing if any, required to protect the Licensor's
operations, and shall not proceed with the work until such plans have been approved by the
Assistant Vice President - Engineering Services of the Licensor and then only under the
supervision of the Assistant Vice President- Engineering Services or his authorized
representative. The Licensor shall have the right, if it so elects, to provide such support as
it may deem necessary for the safety of its track or tracks during the time of construction,
maintenance, repair, renewal, modification, relocation, reconstruction or removal of the
Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the
Licensor, within fifteen (15) days after bills shall have been rendered therefor all expense
incurred by the Licensor in connection therewith, which expense shall include all assignable
costs.
(d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly
compacted and the grade even with the adjacent surface of the ground.
Section 3. NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the Licensee shall
provide as much notice as practicable to Licensor before commencing any work. In all other
situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time
as the Licensor may allow) in advance of the commencement of any work upon property of the
Licensor in connection with the construction, maintenance, repair, renewal modification,
reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted
diligently to completion.
Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear the entire cost and expense incurred in connection with the
construction, maintenance, repair and renewal and any and all modification revision,
relocation, removal or reconstruction of the Pipeline, including any and all expense which may
be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or
otherwise.
Exhibit B
04h05n1 of 4
EXHIBIT B
\ ' eem
• , x52/1.9..„
PL X/A •
Section 5. RELOCATION OR REMOVAL OF PIPELINE.
(a) The license herein granted is subject to the needs and requirements of the
Licensor in the operation of its railroad and in the improvement and use of Its property, and
the Licensee shall, at the sole expense of the Licensee, move all or any portion of the
Pipeline to such new location as the Licensor may designate, whenever, In the furtherance of
its needs and requirements, the Licensor shall find such action necessary or desirable.
(b) All the terms, conditions and stipulations herein expressed with reference to
the Pipeline on property of the Licensor in the location hereinbefore described shall, so far
as the Pipeline remains on the property, apply to the Pipeline as modified, changed or
relocated within the contemplation of section.
Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION.
The Pipeline and all parts thereof within and outside of the limits of the property
of the Licensor shall be constructed and, at all times, maintained repaired, renewed and
operated in such manner as to cause no interference whatsoever with the constant, continuous
and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing
shall be done or suffered to be done by the Licensee at any time that would in any manner
impair the safety thereof.
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Protection
of the fiber optic cable systems is of extreme Importance since any break could disrupt
service to users resulting in business interruption and loss of revenue and profits. Licensee
shall telephone the Licensor at 1-800- 336 -9193 (a 24 -hour number) to determ if fiber optic
cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is,
Licensee will telephone the telecommunications campany(ies) involved, arrange for a cable
locator, and make arrangements for relocation or other protection of the fiber optic cable
prior to beginning any work on the Licensor's premises.
(b) In addition to other indemnity provisions in this Agreement, the Licensee shall
indemnify and hold the Licensor harmless from and against all costs, liability and expense
whatsoever (including, without limitation, attorney s fees, court costs and expenses) arising
out of any act or omission of the Licensee, its contractor, agents and /or employees, that
causes or contributes to (I) any damage to or destruction of any telecommunications system on
Licensor's property, and (2) any injury to or death of any person employed by or on behalf of
any telecommunications company, and /or its contractor, agents and /or employees on Licensor's
property. Licensee shall not have or seek recourse against Licensor for any c or cause of
action for alleged loss of profits or revenue or loss of service or other consequential damage
to a telecormunication company using Licensor's property or a custarer or user of services of
the fiber optic cable on Licensor's property.
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES.
(a) The Licensee shall fully pay for all materials joined or affixed to and labor
performed upon property of the Licensor in connection with the construction, maintenance,
repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or
suffer any mechanic's or naterialman's lien of any kind or nature to be enforced against the
property for any work done or materials furnished thereon at the instance or request or on
behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against
and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any
way connected with or growing out of such work done, labor performed, or materials furnished.
(b) The Licensee shall promptly pay or discharge all taxes, charges and assessments
levied upon, in respect to, or on account of the Pipeline, to prevent the sane from becoming a
charge or lien upon property of the Licensor and so that the taxes, charges and assessments
levied upon or in respect to such property shall not be increased because of the location,
construction or maintenance of the Pipeline or any improvement, appliance or fixture connected
therewith placed upon such property, or on account of the Licensees interest therein. Where
such tax, charge or assessment may not be separately made or assessed to the Licensee but
shall be included in the assessment of the property of the Licensor, then the Licensee shall
pay to the Licensor an equitable proportion of such taxes determined by the value of the
Licensee's property upon property of the Licensor as compared with the entire value of such
property.
Section 9. RESTORATION OF LICENSOR'S PROPERTY.
In the event the Licensor authorizes the Licensee to take down any fence of the
Licensor or in any manner move or disturb any of the other property of the Licensor in
Exhibit B
0658 2 of 4
PL X 890707
' Form Approved, AVP —Law
connection with the construction, maintenance, repair, renewal modification, reconstruction,
relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as
possible and at Licensee's sole expense, restore such fence and other property to the same
condition as the same were in before such fence was taken down or such other property was
moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its
officers, agents and employees, against and from any and all liability, loss, damages, c
demands, costs and expenses of whatsoever nature, including court costs and attorneys fees,
which may result from injury to or death of persons whomsoever, or damage to or loss or
destruction of property whatsoever, when such injury, death, damage, loss or destruction grows
out of or arises from the taking down of any fence or the moving or disturbance of any other
property of the Licensor.
Section 10. INDEMNITY.
As used in this Section, "Licensor" includes other railroad companies using the
Licensor's property at or near the location of the Licensee's installation and their officers,
agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of
action, penalties, costs, and expenses of whatsoever nature, including court costs and
attorneys' fees which may result from: (a) injury to or death of persons whomsoever
(including the Licensor's officers, agents and employees, the Licensee's officers, agents,
and employees, as well as any other person); and (b) damage to or loss or destruction of
property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment,
or other property of the Licensor, or property in its care or custody).
As amajor inducement and in consideration of the license and permission herein
granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which
is due to or arises from:
I. The prosecution of any work contemplated by this Agreement including the
installation, construction, maintenance, repair, renewal, modification,
reconstruction, relocation, or removal of the Pipeline or any part thereof; or
2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
Section II. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at
Licensee's sole expense, remove the Pipeline from those portions of the property not occupied
by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of
the Licensor, such portions of such property to as good a condition as they were in at the
time of the construction of the Pipeline. If the Licensee fails to do the foregoing the
Licensor may do such work of removal and restoration at the cost and expense of the Licensee.
The Licensor may, at its option, upon such termination, at the entire cost and expense of the
Licensee, remove the portions of the Pipeline located underneath its roadbed and track or
tracks and restore such roadbed to as good a condition as it was in at the time of the
construction of the Pipeline, or it may permit the Licensee to do such work of removal and
restoration under the supervision of the Licensor. In the event of the removal by the
Licensor of the property of the Licensee and of the restoration of the roadbed and property as
herein provided, the Licensor shall in no manner be liable to the Licensee for any damage
sustained by the Licensee for or on account thereof, and such removal and restoration shall in
no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor
may have against the Licensee.
Section 12. WAIVER OF BREACH.
The waiver by the Licensor of the breach of any condition, covenant or agreement
herein contained to be kept, observed and performed by the Licensee shall in no way impair the
right of the Licensor to avail itself of any subsequent breach thereof.
Section 13. TERMINATION.
(a) If the Licensee does not use the right herein granted or the Pipeline for one
(I) year, or if the Licensee continues in default in the performance of any covenant or
agreement herein contained for a period of thirty (30) days after written notice from the
Licensor to the Licensee specifying such default, the Licensor trey, at its option, forthwith
immediately terminate this Agreement by written notice.
Exhibit B
Page 3 of 4
0405n
. PL X 890707
Form Approved, AVP —Law
(b) In addition to the provisions of subparagraph (a) above, this Agreement may be
terminated by written notice given by either party hereto to the other on any date in such
notice stated, not less, however, than thirty (30) days subsequent to the date upon which such
notice shall be given.
(c) Notice of default and notice of termination may be served personally upon the
Licensee or by mailing to the last known address of the Licensee. Termination of this
Agreement for any reason shall not affect any of the rights or obligations of the parties
hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen
prior thereto.
Section 14. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part, or any rights
herein granted, without the written consent of the Licensor, and it is agreed that any
transfer or assignment or attempted transfer or assignment of this Agreement or any of the
rights herein granted whether voluntary, by operation of law, or otherwise, without such
consent in writing, shall be absolutely void and, at the option of the Licensor, shall
terminate this Agreement.
Section 15. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon
and inure to the benefit of the parties hereto, their heirs, executors, administrators,
successors and assigns.
Exhibit B
04h05n4 of 4
DATE: March 6, 1990
SUBJECT: City Council Meeting, March 8, 1990
ITEM: 9D. Consider a resolution approving a license agreement with
Union Pacific for a wastewater pipeline.
STAFF RESOURCE PERSON: JIM NUSE
STAFF RECOMMENDATION: Staff reconmiends that this license agreement with
Union Pacific for a wastewater pipeline be entered into. This agreement is
necessary for the construction of the East Main Wastewater Improvements.
DATE July 27, 1990
Mayor
Mike Robinson
Mayor Pro-tem
Charles Culpepper
Council Members
Robert Stluk r 11 c /dh
Tish Oatman
Pete Correa
Earl Palmer
Jimmy Joseph
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L Sheets
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512- 255 -3612
MEMORANDUM
TO: Joanne Land
Assistant City Manager A - 1`_
FROM: Daniel Lynn Malden,
Public Works Department
RE: Railroad License Agreement
Transmitted herewith is the original transmittal letter from Union
Pacific Railroad and our copy of the fully executed railroad
license agreement between Union Pacific Railroad and the City of
Round Rock. This license agreement is for the railroad crossing
in conjunction with the East Main to Lake Creek Wastewater Line
construction. Please contact me if you have any questions.
DATE: February 20, 1990
Mayor
Mike Robinson
Mayor Pro - tem
Charles Culpepper
Council Members
John Hood
Tish Oatman
Pete Correa
Ronnie Jean
Jimmy Joseph
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
uprww /dh /att
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512 - 255 -3612
MEMORANDUM
TO: Stephan L. Sheets
City Attorney
FROM: Daniel Lynn Halden,
Public Works Department
RE: Agreement with Union Pacific Railroad for a wastewater
pipeline crossing.
Transmitted herewith are two unexecuted copies of the
above referenced instrument for your review and comment.
We would like to submit this instrument for City
Council consideration on March 8, 1990 if you feel it is
in order. Therefore, we would greatly appreciate your
advice prior to Friday, March 2, 1990 regarding this.