HomeMy WebLinkAboutRES 74 192A PE S0 L U T 1 0 N
BE IT RESOLVED BY THE CIT T COUNCIL OF THE
CITY OF K-ATINIONT9 TI�AS-.
That the Mayor and the City Clerk be, and they are hereby authorized
to execute and deliver that certain license agreement by and between
The City of Beaumonto Texas, and The Atchisont Topeka and Santa re
Railmay CoMany$ covertrig the construction and maintenance of a
thirteen I and twenty hundredths (13.20) inch sanitary sipwer pipe linej,
and the location of said sever line being shown on print attached to
said License Agreemento marked F.Wbit "Allp and shovm in red on said
print No. D,E,,O*Te 7743, dated 'Harch 15, 1974.
PASS01, by the City Council th.wQW1'dajr of f�t_L/_v 1974e
Hay -or
THE STATE OF TEW
COTINTY Or Jnrlml, soil
-City Clerk of the City of
Beaumont.. Texas O'do'hereby cce y that the above and foregoing is
a true and correct copy of a resolutionpassed b:y4e City Council
of 'the City of DeaumDnt , Texas, on thqcZ�' day of , t 19749,
le
the original of which is filed in the office of ity Clerk of
the City of Beaumont, Texas.
Given under my hand and seal of the City of 13eaumont,, Tem
this theme of 1974.
T
:1
IT er y or llry 01 eaumontt
Fe
(oil,GfJ/C 8�. ,
Ri%14
Farm 1638 Standard
(Approyod by General Sandter)
PIPE LINE LICENSE
TMS LICENSE,
' g -?.h. day of—'-.___.�.
betw�n mIIE ATCH�SON. TOPM AND SANTA FE IIAILitA_
—corporation (hereinafter called "Licensor"), pnrt9 of the first part, and
CITY OF BEAUPgaNTs a municipal gorporg_kVL,, ac��r�
heremto u ° autim�r3.zed
(hereinafter, whether one or more, called "licensee"), party of the second part,=-^
WITNESSETi3. 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
(x ') pipe Tine cash $tnn Thirteen and twenty htand_'e_dt_
-,—inches in diameter (hereinafter, whether one or more pipe lines; called the "PIPELINE") ,across., or along the right of way of Licensor at or near the station of k §aumont r
Jefferson 'aunty, Texas the exact location of the PIPE LINE being more particularly
shown by. red coloring upon the print hereto attached, No D . B.O . T • 7743 , dated—ti
--- _---, marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carryingsevagie
--
and shall not use it to.carryany other commodity or for any other purpose whatsoever
S." Licensee shall pay Licensor as compensation for this license the sum of
One hundred Fifty and No/100 Dollars ($150.00) - .. ...w «. met w .w ,• ,. -W .. _ P 40
4. Licensee shallat its own cost and subject to the supervision and control of Lice
. .. _........ .._ . � .. nsor's chief en-
gineer, 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 un-
der 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 there -
ter maintained in conformity with the plans and specifications shown on print hereto attached in such
cases, marked Exhibit B andmade a part hereof. If at any time Licensee shall, in the j udgment of Li-
censor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself
performsuch 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 perform the obligations of Licensee shall. not release,
Licensee from, liability. hereunder for loss or damage occasioned thereby.
6. .Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup-
port Licensor's tracks and -for flagman to protect its traffic during installation of the PIPE LINE and
for, any:andlall other expense,incurred by Licensor on account of the PIPELINE.,12,
6: Licensee,shall at" all times indemnify and save harmless Licensor against and pay in'ftm 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
foss, damage or expense arising out of (a), loss or or damage to property, (b) injury to or death of per-
dons, (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 carryout any of the covenants hers"
i- , conitained ,Licensor may at its election forthwith revoke this license.