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Home My WebLink AboutRES 83-151 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to enter into a license agreement with the Kansas City Southern Railway Company, in the form attached hereto as Exhibit "A" , for a sanitary sewage pipeline crossing under tracks and property of the Kansas City Southern Railway Company. PASSED BY THE CITY COUNCIL of the City of Beaumont this the ?�&day of 19 - Mayor - -S3 P-1 382 FORA 253. shoot 1" PIPE LINE CROSSING CONTRACT 73greement entered into...............................March.2.3,.......19..83between THE KANSAS CITY SOUTHERN RAILWAY COMPANY a corporation called herein "Licensor"; and CITY OF BEAUMONT, TEXAS, to be addressed at called herein "Licensee". 1. Licensor hereby Grants Licensee the right to lav and maintain...33"..in..a.5.4"..x..U9.'...tunne7_.liner pipe line.......for the conveyance of................... under its tracks and property at Mile Post 767 + 3235' at Beaumont, texas............................................ the course of said pipe line......being described as follows: As indicated in red on print of Drawing No. 982-66, dated March 21, 1963, marked Exhibit "A", attached to and made a part hereof. In consideration of the permission granted herein, Licensee agrees to mow the surface of the area of the pipeline and to otherwise maintain same in a neat and clean condition. 2. Said pipe line shall be laid in a manner acceptable to Licensor's Engineer, and plans for same shall be submitted for his approval before construction work begins. Laying and maintenance of said line shall not endanger the safety of Licensor's property in any way; or the operation of trains or cars, and said pipe line shall be laid with a suitable protection casing at a minimum depth of.....5_,'......below the bottom of Licensor's ie; and at a minimum depth of-•Avon-ty-- 36" four—inchP- LX—')-below ground at other points on the right-of-way. Excavations made on Licensor's property shall be promptly refilled by Licensee, the earth well tamped, the ground left in the same condition as before laying of said pipe line, and locations of the pipe line marked and the markers main- tained and plainly visible at the right-of-way lines. Installation finder tracks shall be by oit6t d&d ,, l the tunnel method. The pipe line shall be maintained so as to prevent the escape of gas or liquid being conveyed through same, and side connections or valves shall not be placed therein nearer than forty (40) feet to the center of Licensor's nearest track. If required by Licensor's Engineer, gates and check valves shall be placed in convenient locations so Licensor's property will not be endangered by accidents to the pipe line. Ie-4u—/s`/ EXHIBIT "A" p' 1 3 s 2 FORM 263, Sheet 2 A pipe line for inflammable commodities between limits of the right-of-way lines of Licensor shall be encased in cast iron pipe with cemented joints, or intffit�tlrWiih threaded or welded joints, with space around said pipe line at each end of said casing permanently closed with cement. Said pipe line shall not be used unless an iron vent pipe be installed and maintained in the casing at locations desig- nated by Licensor. 3. Licensee shall promptly make necessary repairs to said pipe line, and, in the event of failure to do so, same may be made by Licensor at cost of Licensee, which cost Licensee expressly agrees to pay, upon presentation of bill. Should Licensor at any time decide, a change in the location or other changes in said pipe line be desirable, Licensee will, at its own cost make the changes at Licensor requests, and upon the failure of Licensee to do so,Licensor may make such changes at Licensee's expense,which expense the latter expressly agrees to pay upon receipt of bill. Licensee, hereby assumes any and all risks arising out of, incident to, or in any way connected with the construction,maintenance or removal of said pipe line.in consideration of the privileges herein granted, Licensee further expressly agrees to indemnify and save harmless Licensor and other railway companies operating over, or using the tracks of Licensor, its or their officers, agents, servants and employees, successors and assigns, as the case may be, from and against any and all actions, proceed- ings, claims demands, losses, outlays, damages, liabilities and expenses, including attorneys' fees, which may be incurred on account of injury to or death of any persons whomsoever, or loss of or damage to any property in any way, directly or indirectly, resulting from, arising out of, or in any way connected with the construction, maintenance or removal of said pipe line by Licensee or by anyone acting in its behalf, its or their, as the case may be, exercise of or performance of or its or their failure to exercise or perform any of the rights, privileges duties or obligations granted or imposed under the provisions of this agreement, even though such injury, death, loss or damage may be due, in whole or in part, to the negligence of Licensor, its officers, agents, servants, or employees; and Licensee hereby releases said railway companies from damages to said pipe line from any cause whatever. 4. Rights herein granted are personal and not assignable without Licensor's written consent; and provisions herein shall be binding upon successors and assigns of both parties. 5. Upon termination hereof, Licensee shall immediately remove said pipe line from the property of Licensor, and upon failure so to do Licensor may remove said pipe at Licensee's cost, which cost Licensee agrees to pay. 6. Licensee agrees to pay for use of Licensor's right-of-way and the privilege hereby granted, the sum of ONE AND N0 1100 ($1.00) DOLLARS, upon execution of this contract. **^ * Licensee agrees to furnish Licensor with a certified copy of resolution, duly adopted by the governing body of the City of Beaumont, authorizing the execution of the contract by the Mayor and City Clerk. P.T 382 FORM 263. -"**t 3 .Should Licensor consid, t necessary orede'sirable to supervise the installation and/or removal of pipe line or to provide protection of its trains during such installation or removal, Licensee upon re- ceipt of bill therefor shall reimburse Licensor for all cost and expense so incurred by it. 7. If the right to lay more than one pipe line be granted in paragraph 1 hereof, all provisions herein shall apply to each of such pipe lines with equal force as though specifically enumerated. 8. This agreement shall continue in force for one (1) year, and thereafter until terminated by (30) day's notice in writing, given by either party to the other, provided, Licensor may, if it deems it expe- dient, terminate this agreement by giving to Licensee ten (10) day's written notice of its intention to terminate same. Licensee shall comply with all applicable ordinances, rules, regulations, require- meVs and laws whatsoever including(by way of Illustration only and not by way of limitation; any governmental authority controlling environmental standards and conditions on the premises. If, as a result of Licensee's operation hereunder, any such ordinance rule, regulation, requirement or law is violated, Licensee shall protect save harmless, defend and indemnify Licensor from and against any penalties, fines, costs and expenses, including legal fees and court costs imposed upon or incurred by Licensor caused by, resulting from or connected with such violation or violations. IN WITNESS WHEREOF, Parties hereto have caused this agreement to be executed in duplicate the day and year first above written. THE KANSAS CITY SOUTHERN RAILWAY COMPANY By Its Asst. To President CITY OF BEAUMONT, TEXAS By —— Its Mayor Attest: Approved: . City Clerk Approved as o form: Vice Preside t -Genm4--C-ounsvi-- Law Approved as to execution: Vice President-&-Generel-£-oursef-- Law Approved: Vice President-&- ,G efel-Manager-- Operations F; NP 4 s �. 5 X %El �'4 1'�t J f- ms's X ; °- h \ xw f i �oArc .. ' IT/s..:_ _.__�___ �_� _r0[.8• Lane rlt7at E2I. RCf. �,Cl>.e4_23 "-' 7`0 A X7. Q b h M.N. C3 REVISIONS EXHIBIT h' / Sfa 10529*95=MP 767*.32.35'f THE KANSAS CITY SOUTHERN RY. CO. le-o.33"u-g. sanitary sewerp' e x ihy , be Pncasedin a S� x /09� r`u�ire//i�cr �000sPd��"undergrounds w/Id ysr verczos.s/try ,o/efe. T,o ofcasirr9sfra//6e arn,/7. 5z by the City of BPaumo/?f Texas bP/o�vbase of�ai/anda inii�.3"6P/o�� on rni/e 768 a� �afu/a/gior�nd o�'ditcfi 60//om. U"O/V7, TfX, IU DRAWN BY DATE VAL.SEC. SHEET NQ h M c v 3 W-83 `i 1`''° / OF / \� CHECKED BY SCALE FILE DRAWING M •2. i'=/001 982-�6