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2006 RES CITY COUNCIL AUTHORIZED IN RES NO 1895 PROCESSING OF GRANT APPLICATIONRESOLUTION N0. 2006 , WHEREAS, the City Council of the City of Paris did heretofore authorize, in Resolution No. 1895, the processing of a grant applica - tion under the Public Works and Economic Development Act of 1965, as amended, and did thereafter in Resolution No. 1913, authorize said application to be increase~, and did in Resolution No. 1933 accept a grant offer which authorized the construction to completion of the project; and, WHEREAS, it is necessary to procure easements from all owne~s of property across which said project must traverse; and, WHEREAS, the Southern Pacific Transportation Company has offered to grant two licenses for the consideration of $125. 00 each under its right of way in the form shown in Exhibits A and B attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the license agreements with the Southern PaciEic T~ansportation Company in the form shown in Exhibits A and B attached hereto, Passed and adopted this 14th day of January, 1980. ~ ~ Michael . Malone, Mayor A TTEST: H. C. Gre ne, City Clerk ~ APP OVED 0 FORM: ~ ~ ~ T. K. Hayn s, City ttorney 5 FHP/mlb - IX - 11/28/79 " (Approved as to Form C.S. 3400 -jy General Counsel) N November 1,1976 • M.P. Non-O _ THIS AGftEEMENT, made this 14th day of rarluary ,198`0 , byandbetween SOUTHERN PACIFIC TR,EINSPORTATION COMPANY, ~ a corporation (Licensor), and C I TY OF PAR I S, a mu n i c i p a 1 c o r p o r a t i o n o f t h e S t a t e o f exas ( icense6)address: P. O. Box 1037, Paris, Texas 75460, . WITNESSETH: 1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate, subject to the terms of this agreement, o n e ( 1 ) e i gh t- i n c h (8") d i ame t e r p i p e 1 i n e f o r t h e conveying of water, (herein called "structure"), amxtwx in the City of Paris, Countyof Lamar , and State of Texas , in the location shown on the NOMAK& print.of Licensor's Drawing No. 79-9072, attached and maintained a part hereof. This gran± is subject and subordinate to the prior and continuing right of Licensor, its successors and assigns, to use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct, reconstruct, maintain and operate existing and additional transportation, communication, pipeline and power facilities upon, over and beneath its premises. 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and canstantly main- tained by Licensee at Licensor's property lines or such locations as Licensor shall designate.and shall be relocated or removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licensor that there are no subsurfaee installations. 3. Costs: Licensee shall pay Licensor One hundred-Twenty five dollars($125.00) partially to defray the cost of handling. - Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor's premises, and will not allow any mechanics' or materialmen's liens to be enforced against Licensor's premises by reason of any such work. Licensee shall reimburse Licensor for all cost and expense to Licensor in fur- nishing any materials or performing any labor in connection with such work, ~~chsa~,~wckg~cck~~xp~o~xb~ouxb~sa~ia p~c ac~~cgc~cacems~sc~xa~,xa~n~ ~xi~s~€~ng x~ahxi~t~mexi~c~~a aax~k pc~x ~xtexs~s ~~a s~t x~ ue~~ex~a~ x x 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in ac- cordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that such plans conform with federal, state and/or local codes and regulations applicable thereto. All work ugon or in con- nection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense. If required by Licensor in its use of Licensor's premises, Licensee shall reconstruct, relocate or alter said structure. Except in emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work on said structure. Licensee shall be responsible to Licensor for all work on or in connection with said structure, unless performed by an independent contractor who shall have Licensor's written permission before entering upon Licen- sor's premises. Licensee shall cooperate with Licensor in making any tests it requires of any installation or cond.itiion which in its judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any correc- tions thereafter, shall be borne by Licensee. In the event of leakage or spillage from said structure, Licensee shall, at its own expense, promptly clean Licen- sor's premises to the satisfaetion of Licens-ar, the Environmental Protection Agency andlor any public body having jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental regulations incurred by Licensor or Licensee shall be borne by Licensee, including any fines and judgments levied against Licen- sor or its property. No change shall be made by Licensee in the commodity being conveyed through said structure without Licensor's prior written approval. -1- EXHIBIT A 5. Indemnification: Licensee agr to release and indemnify Licensor fror -id against all liability, cost and ex- pense for loss of or damage to property, and for injury to or death of persons (inc,uding, but not limited to, the proper- ty and employees of each of the parties hereto) when arising or resulting from: {(a) use of said premises by Licensee, its agents, employees or invitees; or (b) the constrvction, reconstruction, maintenance, presence, use or removal of said structure; or (c) breach of the contract b Licensee, ~e~ex~natd~arx.°cy x~~niaa~~°cp°ffekoi~ae~as~cx ~~t~~cfx~~dact~ar~k~t~~c ~cl~p~e~c~aid~ce~xde~a~af xnaa~~nxeco~c~~ i~~rt x~ca~ca~n~a~xfx¢~tffi~ Xac ~s~n~~c~cl~~c~nrsff~sc~~~C i~e,~exr~exx x The term "Licensor", as used in this section, shall include the lessors, successors, assigns and affiliated companies of Licensor,gxcka~qxa~pxdca~,g~x}~a,~i~tl~~p~ea~[~~groqt~a~.~ea9~aac'g=xlasx 6. Condemnxtioa: In the event all or any portion of Licensor's premises shall be condemned or taken for public use, Licensee shall receive compensation only for the taking and damaging of said structure. Any compensation or damages for taking said premises or Licensee's interest therein, shall be assigned to Licensor. 7. Termination: This agreement shall terminate: (a) upon abandonment of said structure or discontinuance of the use thereof; or (b) upon failure of Licensee to correct any default hereunder prorr►ptly after receipt of notice from Licensor;xix ~d xt~4¢~tl~~r~($Od]dx~cs~i+~~~c xo~~ ~~iGi~fOC~bx prn~d~~~ca~c ~d~~~m~t~t~jact86~x1x~cat~ci~~r xo~r.~ ~~C i~~x ~d7d~a~x Upon termination of this agreement, Licensee shall remove said strvcture and restore the premises to Licensor's satisfaction, failing which Licensor may arrange to do so at Licensee's expense. 8. Non-assignability: This agreement is not assignable, in whole or in part, by Licensee without Licensor's prior written consent. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. Southern Pacific Trpnspartation Company LICENSO ~ ' By iriuei e City of Par.is ~Q~ ~DRtAved„ LICENSEE BY (T;ti.) ayor A r} ,n ' ev A TTEST:_ -2- . City Clerk . S s „ 01) O L a. (7) p C Q x q0 , o 0 N ~ ~ N L o = ~ cn o a ° O W (n - v~ - Nx M (D LO J ~ ul a) vi o i r w3 I ~'`Project Marker ~100 Conduit Trock Removed 'I X v 0 0 ~ ect Morker PIPE DATA Rind of Pzpe = Cast Iron Size of Pipe = 8" Wall thickness af Pipe = 0.39" Zength on Right-of-Way = 1o0' Kind of Conduit R Steel Size of Conduit - 15" Wall thickne$s of Conduit = 0.45" Length of Conduit = 100' Depth below bottom of tie to top of pipe or casing - N/A d 0 > a Exhibit "An SOUTHERN PACIFIC TRANSPO&TATION COMPANY PARIS TERAS Plat of ense emises at TPC 122.45-X To Accorapan,p Agreement Between Sout-hern Pacif ic 'Itransportation Company' and THE CITY OF PARIS Office of Area Engineer Dallas, Texas Scale: 1" = 104' Dwg. 79-9072 Date: 8-14-79 MLS Case 3 Drawer 1-8 - LEGEND - ---Red = PrQ, 8" Water Line %-ing. ~ 'PHP/mlb - IX - 11/28/79 (Approved as to Form by General Counsel) November 1,1976 N. M.P. Non-O C.S. 3400 THIS AGftEEMENT, made this 14th day of January .19 80, byandbetween SOUTHERN PACIFIC TFi.ANSPOKTATION COMPANY, a corporation (Licensor), and C I TY OF PAR I S , a mun i c i p a 1 c o r p o r a t i o n o f t h e S t a t e o f exas ( icenseP address: P. O. Box 1037, Paris, Texas 75460, WITNESSETH: 1. Grant of Righte: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate, subject to the terms of this agreement, one ( 1 ) twe 1 ve- i nch (1211) d i ame t e r p i p e 1 i ne f o r the conveying of water, - (herein calied "structure"), adNmmKmxx in the City of Paris Countyof Lamar and State of Texas , in the location shown on the xotzotmrt print.of Licensor's Drawing No. 79-9071, attached and maintained a part hereof. This grant is subject and subordinate to the prior and continuing right of Licensor, its suceessors and assigns, to use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct, reconstruct, maintain and operate existing and additional transportation, communication, pipeline and power facilities upon, over and beneath its premises. 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantily main- tained by Licensee at Licensor's property lines or such locations as Licensor shall designate and shall be relocated or removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licensor that there are no subsurface installations. 3. Costs: Licensee shall pay Licensor One hundred-Twenty five dollars($125.00) partially to defray the cost of . handling. Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor's premises, and will not allow any mechanics' or materialmen's liens to be enforced against Licensor's premises by reason of any such work. Licensee shall reimburse Licensor for all cost and expense to Licensor in fur- nishing any materials or performing any labor in connection with such work, ~tt~4cl~e~caric ~xd~ ~t~p~oi~c~amcbo~nffa~ zox a6a~cgc~~c$ms~scbrxa~~~ ~uaan~s~a~g aacc~a~t~~u~~ ~~at i~x s~acaoxs~s~i.ia~aa~ur~dae~xea~aat¢x • 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in ac- cordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that svch plans conform with federal, state and/or local codes and regulations applicable thereto. All work upon or in con- nection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense. If reqaired b,y Licensor in its use of Licensor's premises, Licensee shall reconstruct, relocate or alter said structure. Except in emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work on said structure. Licensee shall be responsible to Licensor for atl work on or in connection with said structure, unless performed by an independent contractor who shall have Licensor's written permission before entering upon Licen- sor's premises. ' - - Licensee shall cooperate with Licensor in making any tests it reyuires of any installation or condition which in its judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any correc- tions thereafter, shall be borne by Licensee. In the event of leakage or spillage from said structure, Licensee shall, at its own expense, promptly clean Licen- sor's premises to the satisfaction of Licensor, the Environmental Protection Agency and/or any public body having jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental regulations incurred by Licensor or Licensee shall be borne by Licensee, including any fines and judgments levied against Licen- sor or its property. No change shall be made by Licensee in the commodity being conveyed through said structure without Licensor's pTior written approval. ~ Fxurrzl~r- R ~ x- 5. Iademnificatian: Licensee agr to release and indemnify+Licensor fror nd against all liability, cost and ex- _ pense for loss of or damage to propert, and for injury to or death of persons (inc..,ding, but not limited to, the praper- . ty and employees of each of the parties hereto) when arising or resulting from: / (a) use of said premises by Licensee, its agents, employees or invitees; or (b) the construction, reconstruction, maintenance, presence, use or removal of said structure; or (c) breach of the contract b Licensee, e~t cept when due to t e Sole ne li enCe~xof Licen or. ~iiHlxt~fC~7C~~F~~stx ti~4cb~~fl~fr~~tft~fi~54t~7(~lf~5~d~$~lc~X ~~~d~9~d~4~nxac~T~i~~st~ecsd~a~ ~xa~de~vitbe~€a~ i~ag~n~eca~¢~agec~t,xf~ao~o~a~s~~sfxat,ar~y The term "Licensor", as used in this section, shall inctude the lessors, successors, assigns and affiliated companies of Licensor, zm~o~x~~~Qpxupga~clx4qfa~~~o~eaxtxnc~t~o~a~,i¢~e~p~x~~asx 6. Condemnation: In the event all or any portion of Licensor's premises shall be condemned or taken for public use, Licensee shall receive compensation only for the taking and damaging of said structure. Any compensation or damages for taking said premises or Licensee's interest therein, shall be assigned to Licensor. 7. Termination: This agreement shall terminate: (a) upon abandonment of said structure or discontinuance of the use thereof; or (b) upon failure of Licensee to correct any default hereunder promptly after receipt of notice from Licensoroox ~ z~~roc~xtis~rl~QSQd zda;~~c~Q~ttx~rati~t~ l~pc kt~c~s~cl~Xa~~lu~x 7~dd ~~~ar~cyx(S4d ~a~±s~e~i~tanca~at~cg ~~C ~C~emas~eckvdxomxarx x Upon termination of this agreement, Licensee shall remove said structure and restore the premises Lo Licensor's satisfaction, failing which Licensor may arrange to do so at Licensee's expense. 8. Non-aseignability: This agreement is not assignable, in whole or in part, by Licensee without Licensor's prior written consent. IN WITNESS WHEREOF, the parties hereto have caused these po ,YN %ro~b~,acirfai t~d in duplicate the day and year first herein written. Transportation Company LICENSO By (T~tial rea n.g neer Fortti ADDroved9 ~ 6LA-& • qt'. _ney • ~ A TTEST: City Clerk City of Par.is LICENSEE By ITitlel Ma.yor -2- 3 \ \ N ci 01 ac ox + n) tis oJ aD aD ~o w3 I I I Project M arker 100'Conduit ~ - - ~ UI df ~ ~ NOTE: Open Cut to be a Minimum of 36 Feet from Center Line o Track at Right angle. , -PII1EDATA- Kind of Pipe = Cast Iron Size of Pipe = 12" Wall thickness af Pipe = 0.43 Length on Right-ofWay = 100' Kind of Conduit = Steel size of Conduit = 25" Wa].I thickness of Conduit 3 0.45" Length of Conduit = 1001 Depth below bottom of tie to top of pipe or casing = I1'+ Red - Pro.o12" Water Line X-ing. oject Marker Exhibit "A" SOUTHERN PACIFIC TRANSPORTATION' COMPANY PARIS TEXAS Plat of License emises at TPC 123.25-x To Accompany Agreement Between Southern Pacific Transportation Company and ~ CITY OF P9,RIS n Office of Area Engineer Dallas, Texas scale : 2" = loo' Dwg. 79-9071 Date: 8-14-79 MLS Case 3 Drawer 1-8 - LEGEND -