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HomeMy WebLinkAboutResolution - 021270F - Pipe Line License - ATSF Railway Company - 02_12_1970GSL:sw �ZfZ70 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a pipe line license in favor of the City of Lubbock and negotiated with the Atchison, Topeka and Santa Fe Railway Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein ni tail. Passed by the City Council this�_cjay.o6. jary 70. W. D. ROGL%. , MA ATTE La enia Lowe, Secretary -Treasurer A,P�P^R�O VE D: red O• senter, Jr.,,, C' Attorney i f r he 3 r. SANTA FE t ..l>r NAL form 1653 Standard (Approved by General Solkttor) PIPE LINE LICENSE THIS LICENSE, Made this 3rd _ day of` _ jt�c�b©r , 19 , betweein THE ATCHISON, TOPEU AND SANTA FE RAILWAY CCHFANY r a n fl corporation (hereinafter called "Licensor"), party of the first part, and , " THE CITY CF_IUBBOCKs TEXAS.' a municipal corporation (hereinafter, whether one or more, called "licensee"), party of the second part. r 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 ') pipeline_, ._ 1 0 feet in length and 6 i inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE 1 , LINE"), across or along the right of way of Licensor at or near the station of Isll�b�_ck Coon . T► s- the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.`D�4_, dated November 25- 1969 , marked "Exhibit A" and made a part hereof. t 2. Licensee shall use the PIPE LINE solely for carrying and shall not use it to carry any other commodity or for any other purpose whatsoever. _ a S. Licensee shall pay Licensor as compensation for this license the sum of One and No/100ths Dollars ($leOO)e 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor'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 E hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or s highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and there- r . after 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 Li- censor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself 4 : " perform such work as it deems necessary for the saf a 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 t by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release y" Licensee from liability thereunder for loss or damage occasioned thereby. 5. 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 y . any and all other expense incurred by Licensor on account of the PIPE LINE. ,;for ,z 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, , s 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 loss damage to (b) injury to death ; or expense arising out of (a) or or property, or of per- ons, (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 covenafits here in contained Licensor may at its election forthwith revoke this licenser .- _ S. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that k; 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 Licen- sor, 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 there- under. 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 hereunder, whether of indem- nity 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 Bale 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. .R 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in Mail, postage prepaid, addressed to Licensee at be properly served if the "# same be deposited in the United States Mail, postage prepaid, addressed to Licensoes ' 4 Division Su ent at 330 Narth kilroad y=a, Y., ySlaton, Texas 79364 . �y y,