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 ~ ~ _
~ ' , . • .