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1975-05-05 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD MAY 5, 1975, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND TEXAS. The meeting was called to order with the following present: Mayor Carlton McComb Councilman Harry Farley (Entered 8:00 p.m.) Councilman Cecil Griffin Councilman Gene E. Sanders Councilman Tom Reid Councilman B. J. Frank City Manager William E. Wolff City Attorney Bobby J. Williams Asst. City Secretary Dorothy S. Thompson INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Tom Reid. The Pledge of Allegiance was led by Councilman Sanders. GENERAL LIABILITY INSURANCE BID NO. 75-4. The Insurance Committee reported to the City Council that they recommended that the Idoux Insurance Agency be awarded the bid for General Liability Insurance Coverage. A motion was made by Councilman Reid, seconded by Councilman Frank that the Idoux Insurance Agency be awarded the General Liability Bid No. 75-4 based on the rec- ommendation of the Insurance Committee, as per bid submitted. Motion passed 4 to 0 Councilman Farley absent at this time. REPORT FROM CITY ATTORNEY ON PROPERTY OWNED BY SAM VESTER, JR. LOCATED IN WEST FRIENDSWOOD SUBDIVISION. Mr. Williams reported to the Council that in his opinion Mr. Sam Vester Jr. was in violation of the City of Pearland's subdivision ordinance. Meeting recessed at 8:07 p.m. and reconvened at 8:14 p.m. It was moved by Councilman Griffin, seconded by Councilman Reid that the City of Pearland go on record and notify Mr. Sam Vester that we do not approve of the sales of property in the manner in which they are occurring, that we further authorize the City Attorney to bring an injunctive action to prevent any additional sales of property in this West Friendswood subdivision. Motion passed 5 to 0. REPORT OF MEETING WITH ENTEX, INC. Councilman Griffin reported that he and City Attorney Bobby Williams met with Mr. Pack, 3 a % 7Swho represented Entex, on Saturday, May 4, 1975, to discuss ordinance No. 304. After the original ordinance as presented by discussion by the City Council, it -was --decided that -thus -e d auee- 3d-laasre-an- Entex would have an effect on the rate that ar�wo 1etillow lower than os ri s for some effect-nn-t�e���..s�ieu�d_�va_a11aw_the_1n�a_m_nr_sos�e-use�s=a=�.�-�ieucl�laaue_a__ users and thereby have a negative impact on residential users. ��y �n�$tiv*e-i-ntpati�-orr-tie �eai�er�t-,a� �sa�s. em When Entex comes back with another ordinance, it will be placed on the agenda for consideration.. RESOLUTION NO. 75-18 -- AUTHORIZING THE MAYOR TO EXECUTE PIPE LINE AGREEMENT WITH THE A. T. & S. F. RAILWAY CO. Mayor McComb read resolution No. 75-18 in full. It was moved by Councilman Griffin, seconded by Councilman Frank for the approval of this resolution No. 75-18 and further moved that Mayor McComb be authorized to execute on behalf of the City. Said Resolution No. 75-18 reads as follows: Resolution No. 75-18 BE IT KNOWN that on this the 12th day of May, 1975, at a special meeting of the governing body of the City of Pearland, Texas, there came on to be considered the matter of the execution of a license between the said City of Pearland, Texas, and The Atchison, Topeka and Santa Fe Railway Company, relating to the construction and maintenance of a pipe line carrying sewage, 103 ft. in length and 6.625 inches in diameter, MP 11 + 2310 ft., at or near said City of Pearland, Texas, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Carlton McComb, Mayor, be authorized and empowered to execute on behalf of the City of Pearland, Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. THIS LICENSE, Made this 9th day of April, 1975, between The Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation r-- (hereinafter called "Licensor"), party of the first part, and City of Pearland, Texas, a Municipal corporation, acting herein by its Mayor, hereunto duly authorized, (hereinafter, whether one or more, called "licensee"), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain one (1) pipe line, 103 feet in length and 6.625 inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of Pearland, Brazoria County, Texas the exact location of the PIPE LINE being more partic- ularly shown by red coloring upon the print hereto attached, No. AGM E-4-25780, dated April 4, 1975, marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying sewage and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of One and No/100ths ($1.00) Dollar. 4. Licensee shall, at its own cost and subject to the supervision '^ and control of Licensor's chief engineer, locate, construct and main- tain the PIPE LINE in such a manner and .of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pres- sure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and.made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for W the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation here- under, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right of way and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at P. 0. Box 1157, Pearland, Texas 77581. Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor's Division Superintendent at P. 0. Box 967, Temple, Texas 76501. 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and insure to the benefit of the successors, legal rep- resentatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. Approved as to Description: The Atchison, Topeka and Santa Fe Railway Co. (Licensor) By G. R. Hill Its Assistant to General Manager Chief Engineer City of Pearland, Texas By (Licensee) Mayor Voting "aye" Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid and Councilman Frank. Voting "no" - None Motion passed 5 to 0. OTHER BUSINESS: None EXECUTIVE SESSION ON PERSONNEL: 8:27 P. M. Meeting reconvened from Executive Session at 9:18 P. M. with no action as a result of executive session at this time. ADJOURN: 9:19 P. M. Minutes approved as submitted and/or corrected this the a:? 7 day of A. D. 1975. Mayor ATTEST: r-� Ci Secretary