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HomeMy WebLinkAboutR79-18 7-9-797577- RESOLUTION -/- RESOLUTION --o0c-- BE IT KNOWN that on this the 9 day of July , 1979 0 at a regular meeting of the governing body of the City of Pearland D • there came on to be considered the matter of the exe- cution of a license between the said City of relating to PEARLAND , and The Atchison, Topeka and Santa Fe Railway Company, water line crossing at MP 10 + 3745.2 in Pearland, Texas File: CT 28390 at or near said City of Pearland, Texas whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Tom Reid , 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. STATE OF TEXAS ) COUNTY OF BRAZORIA & HARRI4 I, Dorothy L. Cook , City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session oa July 9. 19]9 19 , as the same appears of record in Book 10 , Page lq? , Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the Seal of Said City this day of July , 19 79 (SEAL) 10 1147 CT- 28?90 EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY NOUSToW SovrgRN DIVISION SCALE 1 = 100. DATED: June 21, 1975 AND C tTii OF- PeA.RLaA.to Cover_a\11C A WATER CROSSIt4CR AT PEARLA.wD,BRAZnRIA COUNTY, ThXAS A.G.M.-ENGINEERING-AMARILLO. TEXAS COMPANY DISTRICT No. K-Z982. hl 15 ,k m as Alvin- vi �:<ro ; j v 8 u Ry.co,Pro ertyLane✓/ 01(1 - I 0 oa, 1 m Itt o 't z 0 z;, 0, 0- oV 1 I9N Ry. CO.PrnPerile Ire �7 1 i V-77 Map a. Pa r. 3 o .s To iiog5+or. -i O FMK, t/o. 4 s. b m Maic Tr-K.11t " 1 4 -;ARRIFR PIPE 0.0 OF PIPE LO.06. CONTENTS TO BE HANDLED \t‘N der PIPE MATERIAL 45be5Jas Ce rlt SPECIFICATIONS AND GRADE C15. iOo WALL THICKNESS O.7J5 CASING ' PIPE 14,00" S+ee I 5ch. 40 0.250" VENTS : NUMBER SIZE SEALS: BOTH ENDS _-- BURY: BASE OF RAIL TO TOP OF CASING FEET BURY: NATURAL GROUND -. _ FEET BURY: ROADWAY DITCHES 3 FEET. CATHODIC PROTECTION a 17:0- SO' 1 Sta. 56S 4 45 ME 10+3745= LENGTH ON R/W ACTUAL WORKING PRESSURE TYPE OF JOINT COATING METHOD OF INSTALLATION s CARRIER PIPE 101' 5F5ElI Rr„9 "1; . h+ a;�u^•2 sf/c R..: CASING PIPF 101 \AAA cri Ro re HEIGHT OF VENT ABOVE GROUND ONE END TYPE,SIZE AND SPACING OF INSULATORS OR SUPPORTS R/W MAP NO. STA. MAP NO. I19 -&.4O INCHES INCHES INSTALLED AS PER C.E.S. 5515 INCHES PLACED BY DRY BORE ONLY 1 Ct 28390 • • Form 1658 Standard (Approved by General Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this__ _ ___day of June _..___._._____, 19_79 , between _TEE ATCRISON_,_TOl' __IOTA-_SANTAJ1 _BAILWAY--Ct2 ' --•-_- ---- > corporation (hereinafter called "Licensor"), party of the first part, and CITY OF PEARLAND,_ TEXAS,_a Municipal corporation,, acting_hereby_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--------, _one._-hundted__9ne___(101)Jee_t_ ngth_ansi—-- — - ---- (10.00) _ 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._PeIrlan_ds--------- Brazoria__rovnty,--Tevas, ___the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No._____X-298Z---_----, dated-__ June 21, ___ 19791 __ _—__ __`_,__—_ —__._____._ __—, marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying- water_________ -------------------- --------------------------------------------------- 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.-Hundred Fifty and No1100ths Dollars ($150.00) . -- - - ----- 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief engineer, locate, construct and maintain 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 pressure, 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, Li- censor may, at its option, itself perform such work as it deems necessary for 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 per- form 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 man- ner 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. LICENSE is given by Licensor and accepted by Licensee upon the expres' lion that ( the same may 'hated at any time by either party upon ten (10) days' in writing to be J l Y} served upon the other p tating therein the date that such termin ' s call take place, and that upon the termination of this lice ' this or any other mani rein provided, Licensee, upon de- mand of Licensor, shall abandon the use o IPE L and remove the same and restore the right of way and tracks of Licensor to the same co which they were prior to the placing of the PIPE LINE thereunder. In case Licen a fail to res censor's premises as aforesaid within ten (10) days after the effecti of termination, Licensor m ceed with such work at the expense of Licensee. N nation hereof shall release Licensee from any or obligation here- under, whether " enmity or otherwise, resulting from any acts, omissions or happening prior to ate the PIPE vLINE is removed and the right of way and track of Licenso ed ove provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the prem 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 Pearland, -Te.xaa__775_$]_ --- - -- - 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,__Lemple. 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 inure to the benefit of the successors, legal representatives 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 bind- ing 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. THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY_, ________ (Licensor) Approved as to Description: Its Assn,sltianS_t_Q__0enaral__Ltanager Chief Engineer. art_ / By e Yj t --- — — -Mayor- - ----------- ---,o(Licensee) 4966 W4 81 £ II°H ON Acing •A!U 5. O 0 — oN s,Lx paaas The Atchison, Topeka and Santa Fe Railway Company City of Pearland Pearland, Texas 77581 Gentlemen: A Santa Fe Industries Company 900 Polk Street, Amarillo, Texas 79171 • Telephone 806/376-5131 June 26, 1979 itig©Er File: Ct 28390 .l114 -- 4-1 CITY. OE REARCAND Reference is being made to your recent requestffor a water line cross- ing at MP 10 + 3745.2 feet near Pearland, Texas. We have no objections to this water line crossing, and I am enclosing duplicate originals of a pipe line license covering this installation and stipulating a fee of $150.00. The license has been executed on behalf of the Railway Company and will appreciate your further handling for execution on behalf of City of Pearland, Texas with return of the copy stamped "Santa Fe Original" for completion of our records. After the license has been executed as indicated and in its present form, it will be satisfactory to proceed with installation of the crossing with the understanding that installation will R csleince with provisions of the agreement and that 4M g you will furnish Mr .�`,e�a a e3ciSgX of Superintendent Spann's office, telephone number Area Code 817 778-5243, three days' advance notice of date actual work on Railway Company property will commence. If there are any questions or other information desired pertaining to this subject matter, you may contact Mr. B. R. Darnell, extension 165, or Mr. F. 0. Koopmann, extension 224. Yours very tr fatik J. R.AFitzgerald General Manager July 10, 1979 Mr. J. R. Fitzgerald General Manager The Atchison, Topeka and Santa Fe Railway Company 900 Polk Street Amarillo, Texas 79171 Dear Mr. Fitzgerald: Enclosed is a resolution executed by the Mayor of the City of Pearland relating to the installation of a water line crossing Santa Fe tracks at MP 10+3745.2 in Pearland, Texas, identified as File: CT 28390. You will note that Paragraph 8. has been stricken from this contract because the pipeline, once installed, will be providing vital service to a number of citizens of our community, and will be in perpetual use as a part of the City's Water Distribution System. The same paragraph in a preceding Santa Fe agreement was stricken from that agreement by mutual consent. I feel sure that the striking of the paragraph will meet with your approval. Also, enclosed is our check #22789 in the amount of $150,00 to cover the cost of our requested permit. WEV:Jfm Enclosures Yours truly, William E. Wolff City Manager AUTOMATIC DMA PROCESSING • AUTOMATIC DATA PROCESSING y.. 0 y 0 Z 0 0 D m 0 N SV'X31 'QNV ItInd 10 ALID CNf A 1V113N3D O as 0 1 0 13 2 2 < O O n m O 2 2 O m A 0 J ~ O v W E Y O m 8 in Z 9 O O N1 N 0 0 0 PURCHASE AMOUNT I 9 n m a 2 -I ovOtn OTHER i/! I—, I O O O 0 O N N DISCOUNT n n Z y SV'X31 'QNV ItInd 10 ALID CNf A 1V113N3D O as 0 1 0 13