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HomeMy WebLinkAboutResolution - 2559 - Pipeline License - ATSFRC - Sewer Line, Postion # 672+3234.4 - 04_09_1987Resolution #2559 April.9, 1987 Agenda Item #21 JWF:dw 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 to be entered into by and between said City (as Licensee) and the Atchison, Topeka and Santa Fe Railway Company (as Licensor) for a sanitary sewer line of said City crossing of the main line of said Railway Company at a position designated "672+3236.4," attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this _ 9th day of April , 1987. B. C. MCMINN, MAYOR ATTEST: , City Guy Wi on, Senior Utilities Engineer ",ft4 •Iffi�t &�XelI "T7uA v Worth Full ingim, Assi ant City Attorney SANTA FE ORIGINAL 6-JD-288 PIPE LINE LICENSE THIS LICENSE, Made this 5th day of June , 1987 , between THE ATCHISON, TOPEKA AND SANTA F RAILWAY COMPANY, a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF LUBBOCK, TEXAS, a municipal corporation of the State of Texas hereinafter, whether one or more, called "Licensee"), party of the second part. WITNESSETH, That the parties hereto for the consideration 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 , 12 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 Marnels Lubbock County, Texas , the exact location of the PIPE LINE being more particularly shown by bold line upon the print hereto attached, No. 1-07336 , dated June 2, 1987 _ , 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. (a) Licensee covenants that it will not handle or transport through the pipeline on Licensor's property "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, .or local governmental agency or body. In the event the Pipe Line is now or in the f uture used in handling, or transporting of "hazardous waste" or "hazardous substances", Licensee agrees fully to comply with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Standards") concerning "hazardous waste" and "hazardous substances". Licensee further agrees periodically to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in such compliance. Should Licensee not comply fully with the above -stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee; but any waiver by Licensor of any breach of Licensee's obligations shall not constitute a waiver of the right to terminate this License for any subsequent breach which may occur, or to enforce any other provision of this License. Upon termination, Licensee shall remove the pipe line and restore Licensor's property as herein elsewhere provided. 3-4-85-1658/210L (b) Notwithstanding anything contained in the liability section hereof, in case of a breach of the obligations contained in this Section, or any of them, regardless of the negligence or alleged negligence of Licensor, Licensee agrees to assume liability for and to save and hold harmless Licensor from and against all injuries to any person and damage to property, including without limitation, employes and property of Licensor and Licensee and all related expenses, including without limitation attorneys' fees, investigators' fees and litigation expenses, resulting in whole or in part from Licensee's failure to comply with any Standard issued by any governmental authority concerning "hazardous substances" and/or "hazardous waste". Licensee, at its cost, shall assume the defense of all claims, suits or actions brought for damages, and fines or penalties hereunder, regardless of whether they are asserted against Licensor or Licensee. Licensee also agrees to reimburse Licensor for all costs of any kind incurred as a result of the Licensee's failure to comply with this Section, including, but not limited to, fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Licensee's handling, transporting, or disposing of "hazardous waste" or "hazardous substances" on the property of Licensor. (c) It is understood and agreed that a Licensee who does not now, or in the future, generate, handle, transport, treat, store or dispose of on Licensor's property "hazardous waste" or "hazardous substances" within the meaning of the Section, is not subject to the provisions of Section 2 (b) hereof. 3. Licensee shall pay Licensor as compensation for this license the sum of Four Hundred and No/100 Dollars ($400.00) 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 therea ter 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 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 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 of 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 hereunder, 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 2000, Lubbock, Texas 79457 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 General Manager at P. 0. Box 1738, 920 S. E. Quincy Street, Topeka, Kansas 66628. 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. 3 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 binding upon Licensor without the written consent of Licensor in each instance. 13. Notwithstanding any other provisions of this license, Licensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as "Standards"), issued by any federal, state or local governmental body or agency established thereby (hereinafter referred to as "Authority"), relating to Licensee's use of Licensor's property hereunder. In its use of the premises, Licensee shall at all times be in full compliance with all Standards, present or future, set by any Authority, including, but not limited to, Standards concerning air quality, water quality, noise, hazardous substances and hazardous waste. In the event Licensee fails to be in full compliance with Standards set by any Authority, Licensor may, after giving reasonable notice of the failure to Licensee, and Licensee, within thirty (30) days of such notice, fails either to correct such non-compliance or to give written notice to the Licensor of its intent to contest the allegation of non-compliance before the Authority establishing the Standard or in any other proper forum, take whatever action is necessary to protect the premises and Licensor's railroad and other adjacent property. Licensee shall reimburse the Licensor for all costs (including but not limited to, consulting, engineering, clean-up and disposal costs, and legal costs) incurred by the Licensor in complying with such Standards, and also such costs incurred by the Licensor in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Authority or court, and paying any fines or penalties imposed for such violations. Licensee -shall assume liability for and shall save and hold harmless the Licensor from any claim of a violation of such Standards regardless of the nature thereof or the Authority or person asserting such claim, which results from Licensee's use of Licensor's premises, whether such claim arises in whole or in part from the negligence or alleged negligence of the Licensor or otherwise. Licensee, at its cost, -shall assume the defense of all such claims regardless of whether they are asserted against Licensee or Licensor. r IN WITNESS WHEREOF, the parties have executed this agreement in duplicate the day and year first above written. THE ATCHISON, TOPEKA AND ANTA E RAILWAY COMPANY By ' Its Assistant General Manager CITY OF LUBBOCK, TEXAS By aC! • �. c/Nrti Its Mayor ATTEST; City Clerk FA APPROVED AS TO FORM General Attorney - Kansas 3-4-85-1658/21OL/7643a/2228/6 ': Fi •�� -{5 h S Iw °dE 7Tw�°F3 � � � 'F � / ' - �y' � 'q f'$� � W. C_ E_ FILE NA_ /LJ:z aoaa EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND C/ rY OF,L Llgooef( CHICAGO, ILLINOIS SCALE: 1 IN. TO /DO FT. P,CA'/NS DIV. SUBDIV. DATE: ,Z./ 1987 VIP C(M.v.'v In `E I4�� CHIEF ENGINEER DESCRIPTION APPROVED s. ->_-f f S'o R/W ,C.ivE DESCRIPTION OF PIPELINE PIPELINE SHOWN BOLD J CARRIER CASING CARRIER CASING / PIPE PIPE PIPE PIPE Scm alf - /8r LENGTH ON R/W: /Oo78' CONTENTS: Sr—2 WORKING PRESSURE: -Grp PIPE MATERIAL: O. T. P steel BURY: BASE/RAIL TO TOP OF CASING 6 SPECFICATION / GRADE: BURY: NATURAL GROUND s,6" WALL THICKNESS: O- 3!" �•3l " BURY: ROADWAY DITCHES 3 -0 rArn COAT94& 4ehalfic Noae CATHODIC PROTECTION Norlc VENTS: NUMBER SIZE - HEIGHT OF VENT ABOVE GROUND A7' w A��A�rl L► NOTE: CASING TO BE JACKED- OR DRY BORED ONLY. �UB'BY'OL'�C,TGCiOJUNry 7ZXeoVs C E. DRAWING NO. 1 07S3G DIV. OWa NO. DIV. FILE NO. U. M. FILE NO. na a .