HomeMy WebLinkAboutResolution - 409 - Pipeline License Agreement - ATSFRC - Sewage Effluent - 02/14/1980JWF:bs RESOLUTION #409 - 2/14/80
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is authorized and directed to
execute for and on behalf of said city, a Pipeline License Agreement to be
entered into by and between said city and The Atchison, Topeka & Santa Fe
Railway Company, said license to carry the sewage effluent as illustrated in
said Railway Company's map no. X-3409 dated January 28, 1980.
PASSED BY THE CITY COUNCIL THIS 14th DAY OF
February , 1980.
ST, MRAPM
�ATTES-T c -
_Evelyn _Gaf4rgA, 6ity S y -Treasurer
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
AS TO FORM:
r
J. ,10/fh Fullingim, Asst. City
lane 1638 Slanderd
(Approved by Gonerol Sallch r)
PIPE LINE LICENSE
THIS LICENSE, Made this— 29th_—day
File: Ct 28673
Resolution #409 - 2/14/80
e Delaware corporation (hereinafter called "Licensor"), party of the first pari, and
CITY OF LUBBMX. TERAS, a municipal corporation, acting herein by its Mayor.
hereunto duly authorised,
(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, Licen.or licenses Licensee to construct
and maintain (me-
(
ne( 1 ) pipeline--, 996 8 feet in length and 27 (83ft ft. �f mpg ]in to narglIai ,and
166.8' are "hrInchces° n iffimeter (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 Lubbock.
Lubbock County, Texas, the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No.___ Xm3R..9 dated
_ J num 28, 1980: , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying sewage effluent
and shall not use it to carry any 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/100ths Dollars ($150.0.
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.
S. 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 de-
mand 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 here-
under, 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 ox 000. Lubbeck, 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
Diy1aJ�on Sun.#%riatendent at 900 S Polk St., Amarillo Texas 79171,
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 ATCMTgQN, TOPEKA AND SANTA FE RAILWAY COMPANY__
_ (Licensor)
Approved as to Description:
Its Assistant to General Manager
Chief Engineer.
CITY OF LUBBOCK, TEXAS,
- v
Its Mayor
(Licensee)
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R E S O L U T I O N
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BE IT KNOWN that on this the 1[i'-�:'
Y
°f -- 2— r 19A7,C),
at a regular meeting of the governing body of the City of Lubbock
Texas , there came on to be considered the matter of the exe-
cution of a license between the said City of 'Lubbock
Texas '
and The Atchison, Topeka and Santa Fe Railway Company,
relating to �enatre,�tt And ,+inta�,--Ce of enA Qpttnoe 3ffluent 996.8 feet in
_length And 27 ine hpa it dia t +f ne eonaiR of 830 feet of parallel and
16f.8 et to three erossines)
at or near said City of —_Lubbock,Lubbock CounjX, Texas
whereupon the following proceedings were had:
It was moved, seconded and unanimously voted that
Mayor, be authorized and empowered to execute on behalf of
the City of Lubbock , 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 TMS
COUNTY OF Lubbo k )
I' , City Secreta
that the abo a and�fs-_ing is a t e d correct co �', do hereby certify
t City Commission of said City in regular sess o on
r olution passed by
19 v , as the same appears of record in Book /
sa d City Commission. • Page :Minute of
INZEZ=
witness my hand and the Seal of Said City this
day of
7 -
(SEAL),., _ �ity ecretarf