1984-050 - Repair and restoration of the Central Interceptor and declare an emergency...RESOLUTION NO. 84 -050
WHEREAS, the City Council of the City of Paris did
heretofore in Resolution No. 84 -027 authorize the repair and
restoration of the Central Interceptor and declare an
emergency concerning the same; and,
WHEREAS, bids have been let for the repair and restora-
tion or the Central Interceptor; and,
WHEREAS, the City of Paris has requested a license from
the Burlington Northern Railroad Company upon which a
portion of the Central Interceptor will be located; and,
WHEREAS, the Burlington Northern Railroad Company has
tendered a temporary agreement covering advance right of
entry and occupancy of Burlington Northern Railroad Company
property which would permit the Central Interceptor project
to proceed without delay pending a permanent license from
Burlington Northern Railroad Company which temporary agree-
ment is in the form attached hereto as Exhibit A; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the temporary agreement with Burlington Northern
Railroad Company be accepted; and,
BE IT FURTHER RESOLVED that the Mayor of the City of
Paris, Joe Graham, be, and he is hereby authorized and
directed to execute on behalf of the City of Paris the
temporary agreement with Burlington Northern Railroad
Company in the form of Exhibit A attached hereto.
Passed and adopted this 14th day of June, 1984.
"L")
Joe Grahaff, Mayor
ATTEST:
A5:� Z4.."
H. _Cl. Grefene, City Clerk
APPROVED AS,,-- FORM:
T. . Haynes, City Attorney
TEMPORARY AGREEMENT COVERING ADVANCE
RIGHT OF ENTRY AND OCCUPANCY OF
BURLINGTON NORTHERN RAILROAD COMPANY PROPERTY
BURLINGTON NORTHERN RAILROAD COMPANY (hereinafter called "Railroad "),
hereby grants permission to City of Paris; P.O. Box 1037; Paris, Texas 75460
hereinafter called "Permittee ", to enter upon its property for the purpose of
Installing a 24 -inch Sanitary Sewer Line on Railroad property and parallel
to main track for distance of 1030 ft. (RR Station 30838 + 45 to Station
30848 + 75) MP 583.80 to MP 584.0
at Paris, Texas
In consideration of permission given the Permittee by Railroad as outlined above pending
issuance of a formal lease, permit or license, the Permittee hereby agrees to indemnify and hold
harmless Railroad from and against and defend Railroad from and against any and all claims, loss,
costs, suits or damages arising out of injuries to or death of any and all persons whomsoever,
including, but not limited to, the parties hereto, their agents and employees, or damage to
property to whomsoever belonging, including property owned by or in the care, custody and
control of either Permittee or of Railroad, in any manner connected with or resulting from,
either directly or indirectly, the occupancy and use of Railroad's said property by the Permittee,
its employees, agents, contractors or subcontractors and their employees, regardless of whether
or not such injury, death or property damage may have been caused or contributed to by the
negligence of the Railroad, its agents or employees.
This agreement shall be and remain in full force and effect until such time as a formal lease,
permit or license is entered into by and between the parties hereto covering occupancy of the
property of Railroad hereby permitted.
The Permittee agrees to execute such formal lease, permit or license promptly upon its being
presented to it by Railroad; however, execution thereof shall not operate to absolve the
Permittee of any liability assumed and incurred by it hereunder.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate this
8th day of June 19 84
Witnesses:
Form 16005 5 -72
BURLINGTON NORTHERN RAILROAD COMPANY
By
Division Superintendent
Permittee
EXHIBIT A