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1953 RES CITY COUNCIL IN RES NO 1895 PROCESSING GRANT APPLICATIONRESOLUTION N0. 1953 , 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 1~65, as amended, and d.id thereafter in Resolution No, 1913 authorize said application to be increased, and did in Resolution No. 1933 accept a grant off~r which authorized the construction to completion of the project; and, WHEREAS, it is necessary to procure easements from all owners of property across which said project must traverse; and, WHEREAS, the Missouri F'acific Railroad Company has offered to grant a license for the consideration of $500. 00 under its right of way in the form of a Pipe Line License as shown in Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, Zhat the City Manager af the City of Paris, Robert W. Sokoll, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Pipe Line License dated July 5, 1979, with Missouri Pacific Railroad Company in the form shown on Exhibit A attached hereto. Passed and adopted this 23rd day of July, 1979. ~ Michael , alone, Mayor ATTEST: ~ H. C, ree e, City Clerk APP OVED TO FORM: / T. K, aynes, ity ttorney r -•m 20021 10/74 PIPE LINE LICENSE THIS INSTRUMENT, executed in 3uplicate, July 5, 19 79 ,WITNESSETH: The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, an3 the undersigne3 Licensee ( a Municipal Corp oration ~ (individual, copartners or corp. & state where incorporated) to be addressed atPo Oo Box 1037, Paris, TX 75~,460 s hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying water the Licensee's own one certain proposed (number) (proposed or existing) continuous line of cast iron pipe , 12 inches in diameter, and appurtenances, including 24 inch steel casing, 100 fto long , herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to supply water to customerso tr ack Pipe Line shall intersect Carrier's existi.ng ,XXX at Mile Post 91.94 X4~~~KXX (track or right of way) Engineer's Chainage Station 4854+76 XYXXXXX,XX).= , Lamar County , Texas at (#XXXXXX P aris. • (county or parish) (state) (place) Approxi.ma.te lacation of Pipe Line is indicated by heavy black line on Fxhibit A attached hereto as part hereof. l. Licensee shall at all times keep Pipe Line in goo3 state of repa.ir. All work by Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall flzrnish or do at Licenseets own cost and responsibility any and all things and when and as from time to time requirad 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 ti.me 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 Nfunicipal authority. Carrier may acting for Licensee f~.irnish or 30, 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 Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request; an3 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 pa.y to Carrier five Hundred dollars for the license granted herein. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pa.y cost to Carrier for all labor, includ- ing wages of foremen, cost of ma.terial 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 undertakirigs, shall relieve Licensee of any responsibility or liability. 2. Licensee agrees to (a) indemnify arr3 save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys' fees), losses an3 expenses, in any manner resulting from or arising out of or in connection with the laying, ma.inteiiance. renewal, repair, 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 regar3less of any negligence on the pa.rt of Carrier, or otherwise. - 1 - EXHIBIT A m 20021 10/74 3. Term'hereof shall begin with Ju ly 5 , 1979, and continue there- after until concluded (lst) by expiration of thirty days following serving, by Licensee on Carrier, or vice versa, of written notice af intention to end term hereof or (2nd), at Carrierts 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 sha11 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 sh..all 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 volunta.rily or involuntaz-ily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting, or impa.iring any right arising from, any sub- sequent default. MI5SOURI PACIFIC R.AILROAD COMPANY WITNFSSE5 : ATTFST : By General Manager As Carrier, first party herein BY Secretary CITY OF PARIS (Affix Seal) WITNESSFS : ATTrsr: Bv City Manager As Licensee, second party herein -FT-U.~reene; - 2 - MlSSOURI PACIFIC RA1LROAD COPvfiPANY SQUTNERN DISTRfCT, _Rca ~~vcr p~~~s~o~f1 Pco. P•QQ 1.,~~ C~oss.ny C~t~ o~ Po.r ~s . r 1 ~ O fice of District Engineer-Houstcn, Texas Sca~e ~ " _ ~ o o' praftsm~n , Uate 7•~,--~q ~ Fi12 tlo.~\4y 2Z ~ I j ~ . • . . . . , . r ~ •"p"°' . ; . , , . . . . , ~ . r' f ~ ~ _ ~ ' , . • .