1525 RES COP IS IN PROCESS OF PROCURING ROW AND EASEMENTS FOR PURPOSE OF IMPROVING 24TH ST SERESOLUTION NO. 1525
WHEREAS, the City of Paris is in the process of procuring
right of way and easements for the purpose of improving 24th
Street, S. E., South from Clarksville Street to its intersection
with F. M. 1507 (Jefferson Road), and constructing utilities
along the same; and,
WHER EAS, it is necessary to procure from The Texas and'
Pacific Railway Company a right of way adjacent to 24th Street,
S. E., in which there will be constructed a 10" water line; and,
WHER EAS, it is the practice of The Texas and Pacific
Railway Company to grant such easements in the form of a Pipe
Line License, a copy of which is attached hereto as Exhibit A
and made a part hereof, which license requires execution by the
Mayor of the City of Paris on behalf of the City of Paris; NOW,
THEFZ EFOR E,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the Mayor of the City of Paris, James W. Farris, be, and
he is hereby authorized and directed to execute on behalf of
the City of Paris the Pipe Line License agreement attached
hereto as Exhibit A.
BE IT FURTHER RESOLVED that H. C. Greene, Director of
Finance, be, and he is hereby directed to pay on behalf of the
City of Paris for such license, $50.00.
Passed and adopted this 20th day of,,November, 1972.
Y
Ja76s W. Farris, Mayor
ATTEST •
C. Cyreene, City Clerk
APP V A FORM:
T. K. Haynes, ity Attorney
Form 20021 6169
File: KC 99-176-175
PIPE LINE LICENSE
THIS INSTRUNIENT, executed in duplicate, November 1 1 1972 . WITNESSEI'H:
The undersigned Carrier hereby grants, but on solely the herein expressed terma and
conditions, and the undersigned Licensee ( a Municipal corporation
(individual, copartners or corp. & state where incorporated)
to be addressed at P. 0. Box 1037, Paris, Texas 75460 .9
hereby accepts, permission to install, keep, maintain, repair, 3~enew and use Por conveying
water, the Licensee's own one I certain proposed
(number) (proposed or existing)
continuous line of A. C. pipe ) 10-inches in diameter, and appurtenances,
including 55 ft. of 18" corrugated metal pipe casing,l2 ga, herein called Pipe Liney on
the Carrier's property$ herein called Premises. Pipe Line will be used to convey w'ater
at a maximum operating pressure of 150 p.s.i.
. Pipe Line shall intersect Carrier`s existing
main track , in G. W. Cox Headright ~
(track or right of way) at Engineerls Chainage Station 4735+00
~ Lamar County ~ Texas , at 3mnomamc Par:iL; •
(county or parish) (state) (place)
Approximate location oP Pipe Line is indicated by r e d line on
Exhibit A attached hereto as part hereof.
l. Licensee shall at all titnes keep Pipe Line in good state of repair. All work by
Licensee hereunder shall be performed in a safe and worlananlike manner. Licensee shall
furnish or do at Licensee's awn cost and responsib ility any and all things and when and
as from time to tisne required to accomplish whatsoever the Licensee attempts or is bound
to do at any time hereunder. Licensee shall adjust Pipe Line to ar,y physical change as
made at any time in any oP Carrier's property; at all times keeping upper surface oP Pipe
r Line at least five 2~M=and one-half feet below bottom of rail thereover.
Licensee shall cause Pipe Line, before being used for anything inPlammable, to conform
substantially to bchibit B attached hereto as part hereof. Said things, including the
tine and manner of doing any work, each shall conform to the requirements oP Carrier as
well as of any State, Federal or Municipal authority. Carrier may acting Por Licensee
furnish or do, 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'G request;
and Licensee on request shall in advance deposit with Carrier the estimated cost thereoP.
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 pay to Car-
~ rier the fee of $50.00# 4x
Ax~y other payment shall be made within twenty days following receipt of bill• Licensee
shall pay cost to Carrier for all lauor, including wages of foremen, cost of materiai
f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes ana izsual
railroad additives. No provisions of this paragraph, nor approval by Carrier of ar~y of
Licensee's undertakings, shall relieve Licensee of any responsibility or liabilitv.
x-- for the license granted herein.
2. Licensee agrees to (a) indemnify and save harmless the Carrier fram and ,.,_ainst
all claims, suits, damages, costs (including attorneys' fees), losses and expens.:3, in an,y
manner resulting from or arising out of or in connection with the laying, maintenance,
renewal, repair, use, existence or removal of Pipe Line, including the breaking oP the
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 regardless of any negligence on the
part of Carrier, or otherwise.
FXHIBIT A
Form 20021 6/69
3. Term hereof shall begin with November 1 , 1972 , and continue there-
after until concluded (lst) by expiration of thirty days following serving)
by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof
or (2nd), at Carrier's election without further notice, by expiration of six
months without the Pipe Line having been installed or by Licensee failing (a-l) to cure
ar~y 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 shall 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 shall 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 voluntarily or involuntarily, except
by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at
arLy t3me of the other without affecting, or i.mpairing ar~y right arising from, any sub-
sequent default.
THE TEXAS AND PACIFIC RAILWAY COMF'ANY
WITNESSES:
By.
General Manager
As Carrier, first party herein
ATTEST :
By
(Affix Seal) City
Clerk
CITY OF PARIS, PARIS, TF?XAS
By
Mayor
As Licensee, second party herein
- 2 -
~
~
- - . _ _ . - ---1--~--
\ '
;
,
I I ~ V
1
k~ !
ic M..,., T:.E. ~ 1..
- - -f-- - - - -
I i
~
~
~
< I
i a
~
k-j
~
~Y
~
!T,
~
~
~
~
~
a
~
4 w
Q . 1.
C' ~ I
. ~
/i C l~/~ trr Lr~~~
y--- _ . . -
~S f~ ~B' C.M. CUSin, ~
TO T~~'•" ✓ ~R/7!7
C(/SS SECT/ON Jf, 4 73sf00
THE ~ Ex. iE
st tflt~ yrv
i
Tt' CD/YllZ Wa 744f r-
1`~1:-,
Corrwya 14 cal
f~., i ,t~c• y c{ 9 e
~Q -~r~~: fi ~✓C~i ~F'/~ ~//~)C' C~'i~SS/tl~~"
/~Dl'
MI , P. . q Y.
- . _ -
nFFICE OF DiST, ENCi'R. F"7RT T _ E{A5
j~,c'ALE:1 IN.= iDO UA't.
_
G. W C~X N, k,
LAMA'~ CD~IN rY, rTX