R-98-07-09-13B1 - 7/9/1998WHEREAS, the City of Round Rock desires to enter into a
Pipeline License Agreement with Georgetown Railroad for ROMCO's
construction of an eight -inch waterline under Georgetown Railroad's
tracks near FM 3406, and
WHEREAS, Georgetown Railroad has proposed a Pipeline License
Agreement, and
WHEREAS, the City Council wishes to accept the proposal and
to enter into said 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 Pipeline License Agreement with Georgetown
Railroad for ROMCO's construction of an eight -inch waterline under
Georgetown Railroad's tracks near FM 3406.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as .-'mended, and the Act.
EST:
amAtt
E LAND, City Secretary
R:\ WPDOCS \RRSO \ RUQ'O9B1.WP D /seg
RESOLUTION NO. R- 98- 07 -09 -13B1
RESOLVED this 9th day of July
CHARLES C+ •'PPER, Mayor
City of Round Rock, Texas
PIPELINE LICENSE AGREEMENT
This Pipeline License Agreement (the "License ") is made and entered into effective the date last
executed herein below, by and between Georgetown Railroad Company, a Texas corporation ("GRR"),
as licensor, and the City of Round Rock, Texas ("Round Rock"), as licensee.
W ITNESSETH:
WHEREAS, the City of Round Rock desires to construct an eight (8) inch pipeline, with an
eighteen (18) inch incasement, for the transportation of water (the "Pipeline "), which Pipeline will cross
under the tracks of GRR; and
WHEREAS, GRR wishes to grant to the City of Round Rock a license to construct and
maintain the Pipeline;
NOW, THEREFORE, the parties hereby agree as follows:
Article I
License Granted; Term; Consideration
For and in consideration of the mutual covenants and contracts herein contained, GRR hereby
grants to Round Rock a licence to construct and maintain the Pipeline to cross under GRR's main line
track. north of FM Road 3406, City of Round Rock, Williamson County, Texas and further described in
Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, on the terms and
conditions described hereinbelow. This License shall be effective from and after the date fully executed,
and shall terminate at such a time as the Pipeline is no longer used by the City of Round Rock for the use
provided hereinabove. In consideration of the granting of this License by GRR Round Rock agrees to
pay to GRR immediately upon execution hereof, the sum of five hundred dollars ($500.00).
Article Il
Pipeline Location
The Pipeline shall be located as described in Article I hereof. The Pipeline, when installed by
Licensee, shall be installed so that the upper surface of the pipe is at least four and one -half (4 1/2) feet
below the bottom of the rail thereover, or at such lower depth which may be necessary to provide
adequate support for the rail. Installation shall be made in conformity with the engineering profile
contained in Exhibit "A" hereto.
Article U
Responsibilities of Round Rock
3.1 Installation and Maintenance t Removal of Pine
Round Rock shall install or caused to be installed the Pipeline at the location provided in Article I
hereinabove. The Pipeline shall be installed safely and in a good workmanlike manner, and during the
construction, Round Rock or its contractor involved in the construction shall secure a policy of Owner's
and Contractor's Protective Liability Insurance with limits of liability of at least $2,000,000.00. naming
GRR as the named insured and loss payee. Round Rock agrees to provide satisfactory evidence of such
insurance coverage prior to beginning construction of the Pipeline. During the term of the License,
Round Rock agrees that it will properly maintain the Pipeline and will take any and all actions and
expend any and all funds which may be required to maintain the Pipeline. Round Rock further agrees
that the construction, maintenance. and operation of the Pipeline will comply with all applicable State,
Federal and local laws, rules or regulations, and upon any notification by any person that the Pipeline is
not m compliance with such laws, rules and regulations, Round Rock agrees to take prompt action to
bring the Pipeline into such compliance. In the event that Round Rock fails to properly maintain the
Pipeline or to take any action required to bring the Pipeline into conformance with all applicable laws,
rules or regulations, the GRR, after 10 days notice to Round Rock. may take any such action as may be
reasonably necessary to render the Pipeline safe for railroad operations or in compliance with applicable
laws. rules and regulations. and Round Rock agrees that in the event GRR takes such action, Round Rock
shall. within twenty (20) days. reimburse GRR for the actual cost of labor performed or on behalf of
GRR. including wages of foremen. plus 10% to cover supervision and accounting. plus vacation
allowance, paid holidays and health and welfare benefit payments applicable to such labor, GRR's cost
price of all matenals f.o.b. GRR's rails plus 10% to cover handling and accounting, plus freight at tariff
to point of use. and excise taxes applicable to said labor and materials. Upon termination of this License.
Round Rock shall take prompt action to remove the pipe and all associated materials and repair any
damage to GRR's property which may be caused by such removal. Such removal shall be undertaken by
Round Rock without any demand from GRR_ but shall in any event commence within thirty (30) days
after termination of this License and written demand for removal being made by GRR.
3.2 Indemnification and Hold Harmless
During the term of this License, Round Rock agrees to indemnify GRR and hold it harmless from
any suits, claims, costs, loss or damage which may accrue to GRR, Round Rock or third parties. from the
operation of the Pipeline arising out of, or occasioned by, the negligent acts of Round Rock or its
employees or agents. The loss or damage for which Round Rock shall indemnify GRR and hold it
harmless shall specifically include. but not be limited to, the following: (a) damage to or destruction of
railroad track and track bed. railroad cars and engines, or to the Pipeline; (b) personal injury to or
damage to property. owned. leased or operated by ( i) GRR employees or agents, (ii ) Round Rock
employees, agents or contractors. or ( iii ) any third parties; and (c) economic loss to any party caused by
2
damage to or destruction of the Pipeline or the interruption to Pipeline service, caused by negligence of
Round Rock, its employees or agents. Such indemnification shall include all actual monetary cost to
GRR, including expenses and attorney's fees.
Round Rock hereby represents and warrants to GRR that the construction, operation and
maintenance of the Pipeline have been properly approved by the City of Round Rock, and that Round
Rock has been authorized by resolution, or if required by its Charter, by ordinance, to enter into this
Pipeline License Agreement, that the resolution or ordinance has not been repealed and is in effect at the
date of execution hereof, and that this License Agreement is enforceable against Round Rock in
accordance with its terms. Round Rock further warrants and represents that the city officer executing
this License has been duly authorized to execute the same on behalf of, and as the act and deed of, the
City of Round Rock..
Round Rock
Georgetown Railroad Company
Article IV
Representation and Warranties of Round Rock
Article V
Assittnment
The License hereby granted by GRR to Round Rock is personal to the grantee hereof, and Round
Rock shall have no right to assign this License without the express prior written consent of GRR. GRR's
rights hereunder shall be freely assignable.
Article VI
Notice
Any notice required or permitted hereunder shall be personally delivered or sent by registered or
certified mail, return receipt requested to the addressee at the address listed below, and such notice shall
be effective on the date of delivery, or date of mailing.
3
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Georgetown Railroad Company
P.O. Box 529
Georgetown, Texas 78627
ATTEST:
(D)
(City Seal)
ATTEST: BY
(Date)
EXECUTED on the date indicated below:
4
City of d R
BY:
(Title) T
Georgetown Railroad Company
(Title)
STEEL CASING WALL
THICKNESS CHART
THICINCOOS
CASING
.0500
N� }iNh�i
J
V
�155p55
0000b
.312S
.3750
. 4STS
. 5000
. S625
.6Z50.
OVER 46 KIST BE
APPROVED
B1 H. R. TO.
NOTE:
THIS CHART IS ONLY
FOR SWOTH STEEL CASING
PIPES ETA MINIMA, riELO
STRENGTH OF 35.000 PSI.
Sent by: GEORGETOWN RAILROAD 512 869 2849
PLACE ARROW INDICATING NORTH
DIRECTION RELATIVE TO CROSSING �.
W
V ▪ i? APPLICATION FOR ENCASED
NON - FLAMMABLE PIPELINE CROSSING
— .,l�fERR,7X
I EAKIT LC Too T
v '
.
NO SCALE
780
FT
ISLE sort ) I II
•
Point of Switch
@DEW: a liitS OIJECTI
1 MA NIT SI
I OI STUCE NON IRACC Pam ITCTICR LINE MAIM,
rt.
I ROTC TNIS DIICRSIRR 140IIRt5 II ALL CANS.
AT LOCAT t01t ICY USING SEEnIONS, DISi4RCE
OR'S try TO S LEGAL EOTPIY LINE IS IEOLIIEIH
20.1
SIR. DINT
SOO het& PI.
D
17.8FT
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
F LLED IN TO EXPEDITE THIS APPLICATION.
O
I m9 •00.00 -
I 1 ANf.L PIOtt1tGl
•
B
0
ICC
4.5 FT.
',Tr:.
SII
6Fr.
�! - Guilt PIK . 1 SAO .DTP •I.
[ r
NOTE: CASING 101ST 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 CASINO PIPE.
1 METHOD OF INSTALLING CASING PIPE UNDER TRACKISI:
% DRY BORE AND JACK (WET BORE NOT PERMITTED);
_ TUNNEL :OTHER
WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? Y YES;_N0;
I DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF 0051 £ 10AND
JACKING PITS WHEN MEASURED AT RIGHT AN ES TO TRACK
I APPLICANT HAS CONTACTED M.O• WICOA/ .m• na,
OF 0 COMMUNICATION DJ,PARTMENT AND HAS DETERMINED FIBER
OPTIC CABLE_ DOES • JE, DOES NOT ; EXIST IN VICINITY OF
WORK TO BE PERFORMED.
02/25/98 11:11AM Job 827
A FT
_FT.
1141 WIN I I Is
INSCRIBE ;IXED 014411
I S11 ROTE SI
CYEI[O PIK
.- -_ 28.3
99 FT
60 FT.
I CAST= LENGTH NNE. MEASURED NOM PIKt IN I
NOTES :
M. P. 2...53-
LADY Ie
Page 20/20
FORM OR- 0404 -5
REV. 05 -0I -90
41 } ss
FT.
, FELD1
FT.
. KAAEIT R. A. '5N.1
FORMILA TO PIGIAIE Jg CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN 90•
SIN
11 ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM S OF TRACE, OCEPT AS NOTED. TT'
21 CASING TO EXTEND BEYOND THE CENTERLINE OF TRACE AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT., is
AND BEYOND LIMIT OF RAILROAD RICNT- OF-UAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACE. 7 6
3) MIMIIAlR OF 50' FROM THE END OF ANT RAILROAD BRIDGE. I OF ANY CULVERT, OR ROM ANT SWITCHING AREA.
•1 SIGNAL REPRESENTATIVE MIST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING.
SI ALLOWABLE FIXED OBJECTS INCLINE: BACKWALLS OF BRIDGES: S OF ROAD CROSSINGS I OVERHEAD VIADUCTS IGIVE ROAD MAlCI, OR N OF REVERTS.
I IS PIPELINE CROSSING WITNLN OEDICATED TREET ? YES•_�NO;
I IF YES, NAME OF STREET anJacent to 3406
I DISTRIBUTION LINE OR TRANSMISSION LINE Y
I CARRIER PIPE I
COMMODITY TO BE CONV water
OPERATING PRES UR A PSI
WALL THICKNESS DIAMETERR..; MATERIAL drlrri T e 1 SITE
I CASING PIPE
WALL THICKNESSO• " . DIAMETER 18" •MATERIAL steel
NNHTIO"R
EXHIBIT "A"
MO AMAZE UK PIN. DO IV Min a TAM O.
GEORGETOA/A/ RAILROAD CO.
GEORGEToIJAI MA1A! L/AIE
E s 3131 +19
N ▪ IN. 01ST.
Nmt t.
5M -Y -1
ENCASED WHTERLWE CROSSING AT
KERR WILLIAHSO/J CO, •7 $,Q
FOR CITY oP RoLJND ROCK
RR FILE NO E-241•66 DATE y - 29 -98
R A B N I N O
IN ALL R1AS1CO. U. P. CCIMNICJTION OCPAITIDYI MOT It
CO4VACTm iN ADTRNtt OF ANT OM TO =MIN EA ISTOCE AND
LBCATEw OF VIM O•YIC CALL PICK I I- IObNFI1111
DATE: July 6, 1998
SUBJECT: City Council Meeting - July 9, 1998
ITEM: 13.B.1. Consider a resolution authorizing the Mayor to execute a Pipeline
License Agreement between Georgetown Railroad and the City of
Round Rock for ROMCO's construction of an eight -inch waterline
under Georgetown Railroad's tracks near FM3406. Staff
recommends approval. Staff Resource Person: Jim Nuse, Public
Works Director.
Mr. Jim Nuse
Director of Public Works
2008 Enterprise
Round Rock, Texas 78664
Dear Jim:
JKG /j kg
Enclosures
BROWN McCARROLL SHEETS & CROSSFIELD, LLP.
Attorneys
309 E. Main Street
Round Rock, Tema 78664-5246
(512) 2558877
FAX (512) 255.8986
EMAIL bmecl@aoLeom
June 1,1998
Re: Georgetown Railroad Company Pipeline License Agreement
Enclosed please find two originals of the Pipeline License Agreement between Georgetown Railroad
and the City for ROMCO's construction of an eight -inch waterline under GRR's tracks near FM 3406. We
have reviewed the document both on its face and as against similar past pipeline licensing agreements
between GRR and Round Rock. It is legally sufficient and in order for execution by Mayor Culpepper
whenever you are ready to have it placed on the agenda.
Should you have any questions, please do not hesitate to call.
C \'Aef \PIVBL:d}:.wBn /j kg
AUSTIN OFF)CE 14CC Franklin Plaza, III Congr® Avenue. Ausrin. Texas 787054043 (512) 472 -5456 Fax (512) 4741011
DALLAS OFFICE 300 Cr' scent Court, Sake 1400, Dallas, Texas 752016929 (24) 9996100 Fax (214) 9996170
HOUSTON OFFICE 1307 Wortham Tourer, 2727 Allen Parkway. Houston, Texas 77 0142100 (713) 5243110 Fax (713) 5256295
LONGVIEW OFFICE, 220 Energy Came, 1127 Judson Road, P.O. Pox 3999, Longview, Texas 756063999 (903) 236.9900 Fax (903) 2368787