1602 RES COP IS DESIROUS TO CONSTRCT SIX INCH SEWER PIPE UNDER ROW AND TRACKS OF ST LOUIS-SAN FRANCISCO RAILWAY CORESOLUTION NO. 1602
WHEREAS, the City of Paris is desirous of constructing a six
inch (6") sewer pipe line under the right of way and tracks of the
St. Louis -San Francisco Railway Company within the corporate limits
of the City of Paris, Lamar County, Texas, at or near Mile Post 582
plus 05 poles; and,
WHEREAS, the St. Louis -San Francisco Railway Company requires
the execution of a Pipe Line Contract and the payment of a$25. 00
handling fee prior to the same being accomplished; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Pipe Line Contract, attached hereto as Exhibit A, be,
and the same is hereby approved, and the Mayor of the City of Paris,
F. D. Mallory, III, be, and he is hereby authorized and directed to
execute on behalf of the City of Paris such agreement; and,
BE IT FURTHER RESOLVED, That the Director of Finance of
the City of Paris, H. C. Greene, be, and he is hereby authorized and
directed to pay to St. Louis-San Francisco Railway Company a$25. 00
handling charge.
Passed and adopted this 11th day of February, 1974.
F. D. Mallory, III, Mayor
ATTEST:
i
J,--
~
H. C. reetie, City Clerk
APP OVEL)-'S jr/O FORM:
~
T. . ay es fol City Attorney
(~orm MW-1 1.-~al
(Ftcv, junc, 1)66)
1111.1; AGIZ1:6:\11{N1', rntcrcd inta, in duplicaie, thi-, 24ti11 day nf J,9 nuaZ'y . , 1974 ,
S1~. I.0I1.C-tiAN I-ItAN( (ti('O RAII.WAY ('OMI'ANY, hcrcina(ter callcd 'I-ritico', p~uty u[ the fir;t part, and Cit.y _Of Par'is
hercinafter called "(.irensec', party oE thc serond pnrt, thr rerm
'Liccnsrc' whercven cerein used re(crrinK to and mcaninK cach and evr_ry parry n( the second part hereto; W('I'ti"I:SSf,"CIL•
Frisco, in consideration of the covenants and agreements hereinafter contained to be kept and performed by Licensee,hereby grants
pennission to Licensee to excavate for, lay, construct, maintain, repair and operate -(}-_Z.nQb._$$jej$,c _
pipe line ____(hereinafter referred to as "pipe (ine') undet the riqht of way and tracks of Frisco, at or near
LgmgC_OUTltv T@JC&_9 at the following descnbed locarion:
Mile Post 582 plus 05 poles
The afotesaid Rrant is made by Frisco and accepted by Licensee upon and subiect to the folfowinq conditions:
Licensee shall pay to Frisco an initial charge of Twenty-five Dollats (E25.00) '~[i~]¢~Q~J~jy[~J~AQ[a(,~[~tp[~jJ~J[~](
----xXxxJL~~xxxxxx7GxxJC~=xx3Cx-xXXX7DgO4DFXVJCY_XXXXUCPfomptly upon presentation of bill therefor.
2• ' I..icenser (or Licencee'v conl.raotor) .Shull lay, construct nnd maintain said pipe line in Strict a(:c:ordanr:e with thc•
iurn-nt sprrific•at,ions of the, American Railway F;ngineerinR Atisoci:L!ion, copies of which may be obtained from the Ameriran
ail«;t.H:nrzineering Assuci.ition. 59 E. Van f3uron, Chinagn, 111. 60605.
3. Licensee (orl.icensee's contractor)shall, at Licensee's expense, do all work of excavating for, ]aying, constructinq, maintaininR,
repairing and operating said pipe line at such times and in such manner as not to intecfere with, endanger or obstruct the roadbed, tracks or
ri¢ht of way oE Frisco ot the operation of its railroad. All work done hereunder by [,icensee (ot I.icensee's contractot) shall be under the
direction and suhject to the inspection and approval of Ftisco's Chief P:ngineet, or othet authotized representati-ie, who shal( have fuil
authority to direct the time and manner of doing the work and require the same to be done as he directs; and if Licensee (or I.icensee's con-
tractor) fails or refuses to comply with his dicections, said Chief F,nqineer, or other aathorized representative, may stop the work altoqech=r.
4. [f Frisco shall at any time change the grade of said riqht of aay or tracks, or chanqe che location of any tracks, improvements,
facilities, structures ot appurtenances now or heteaftet focated upon said riqht of way, or construct or cause ot allow to be constructed any
additionaf tracks, improvements, faciiities, sttuctures or appurtenances upon said right of way, and shall not terminate this agreemenc on
account thereof, Licensee shall thereupon, at Licensee's sole cost and expense, change the grade or location of and reconstruct said pipe
]ine in a manner prescriLed by Frisco's Chief Engineer or other authorized representative.
5. Licensee shall pay to Frisco, promptly upon rendition of bill therefor, all costs and expenses of every kind and character in-
curred bv Frisco, incidental ro any wotk done, or to be done, by Licensee (or Licensee's contracror) under the terms of this agreement or
w•hich, under the terms hereof, are to be borne by Licensee. Such costs and expenses shall include, but not be limited to, cosu oE labor,
eraveLng expenses, material, freight charges on material, applicable petcentages for vacation allowances and paid holidays, health and wel-
Eare benefits, and paytoll and sales taxes, plus ten per cent (10%.) to cover accounting, use of tools and general overhead.
6• Licensee, as a further consideration for the aforesaid grant, hereby agcees to indemnify and save harmless Frisco from any and
all claims, demands, causes of action, damages, judjments, costs, attorney's fees and expenses (a) that Frisco may sustain, incur or become
liable for on account of loss or destruction of or damage to ptoperty whatsoever and death of or injury to persons whomsoever and (b) atl loss
or destruction of or damage to said pipe line and all othet ptoperty of Licensee, growing out of excacating for, laying, constructing, recon-
scructing, maintaining, operating, repairtng or removing of said pipe line, or the failure of Licensee (or Licensee's contractot) to comply fully
with Licensee's obligations hereundet, and whether caused by negligence of Frisco, its agents, servants or employes, or otherwise.
7. If either party hereto shall violate, continuously or othecwise, any of che terms of this a,qreement binding upon it, the other party
hereto shall thereby be deemed neithet to have waived nor relinquished any such term of this agreement nor to have acquiesced in such v%o-
lation theteof, unless the other party shall expressly consent thereto in writing.
8. F.ither party may terminate this agreement by giving to the other parry thirty (30) days' wcitten notice of intention so to do. L'Fon
any termination of this agteement, Licensee shall, at its sole cost and expense, witfiin ten (10) days thereafter remove said pipe line from
under said ri¢ht of way and tracks and restore the same to a condition satisfactory to Frisco, and if Licensee shalt fail so to do, Frisco sha11
nave the riRht to make such removal and resroration at the expense of L,icensee. No termination of this agreement shall release Licensee
from any liability or obligation that may have been incurred by oc that may have accrued against Licensee hereuader duting the tetm hereof.
9. This agreement shall bind and inure to the benefie of the successors and assigns of Frisco and the successors, heirs, executors,
adminiscratots and assigns of Licensee; provided that Licensee shall have no right to assign ortransfer this agceement without first obtaining
the written consent of Frisco.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year ficst above writren.
ATTEST:
ST. LOUIS-SAN FRANCISCO RAILWAY COh1PAVY
By
Division Manap-er
Secretary
aTTNESS: (If not a corporation)
CITY OF PARIS, PARIS, TEXAS
By
F. D. Mallory,-Iir ~
Title Mavor
ATTEST: (I( a corporation)
FI. C. Gree effity Clerk EXHIBIT A