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Home My WebLink AboutResolution - 032477A - Pipe Line License Agreement - ATSF Railway Company - Near Station Of Burris - 03/24/1977F:lb 405W72 009 RESOLUTION 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 irected to execute for and on behalf of the City of Lubbock a Pipe Line Licen e ,greement to be entered into by and between said City (as Licensee):.?a.nd The ,tchison, Topeka and Santa Fe Railway Company (as Licensor) for a 8.625 aches diameter pipeline for carrying water, approximately 300 feet in length t or near the station of Burris, Lubbock County, Texas, attached herewith rhich shall be spread upon the minutes of the Council and as spread upon the ainutes of this Council shall constitute and be a part of this Resolution as if ully copied herein in detail. >asse'd by the_City;`Council this 24th day of March 1977 ICA s .TTEST: ROY ISASS, MAYOR ips, CiV Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., Ci i )rney Form 1658 Standard (Approved by General Solicitor) PIPE LINE LICENSE �tii,iii I;I!rlAr�, '�trt,,2679k r , THIS LICENSE, Made this_.__ -22nd_-- ------ day of__- ---- -------- :-_:__-_.-_ I'_9b.xuary___---__:_-- 1977____, between ------ THF,_.ATC.H OII,-SOPFSA_-A.M-.SANTA-F.E-J. AIUIAY--CAPS-----------------=-='-= - - - -- - --- - ---- asaar�---- ---- —---- ------ corporation (hereinafter called "Licensor"), party of the first part, and ------------------------------------------------------ --------------------------=----------------------- -a municipal -carp -oration--------------- - --- ----- --- - - --- ----------- (hereinafter, whether one or more, called "licensee"), party of the second par ---t. 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 ) pipe line--------- ---- 3fl4_-fEet--in__leng_th_-an4d--------- --------- ------- _M -625)_ -__-__________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____—_Zur-ris,___------------- Lubbock__-County,__Texa.s----------------------- - ----- the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.__�L=1I2k---______—___, dated -February- _I,-6,__ -A97-7 -_____-------------------------------------------------------------------- marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying ._�- Ater-—______________-_-____________ ---------- ---------- --------------- - ----- ---=-------------=---------------____________---___a_____------------------- and shall not use it to carry any other commodity or for any other purpose whtsoever. 3. Licensee shall pay Licensor as compensation for this license the Burn of__-___Hundred-_FLfty end-_Rol100ths------ -" "-- --- — - _-«]SO,tTO�---`- "- -" ---- - _ "- Do -1 -1 -ars 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief engineer, Iocate, 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 hind. 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. - - W EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY PLAIN5 DIVISION PIAWOEiAl DISTRICT AND C / r Y of e -A Z 14 IA14-rCzh b A167A�C ell.Ff o, -I< Ce-ellv7 X A:�' SCALE I A.G.M.-ENGINEERING-AMARILLO, TEXAS NO. >(- I (24 DATED: Fc�. 14, to,7-7 T i M 7- CL ao -; 7,--o( he X. r f)/ 7c- r -l— io -4,4,470�nk-. 7�d: I . T. f: - " Is, I MPa79 YL -503,6-4 12 + 7: jcoo lc-ec?' nr 6,6z 0.0., pvc 40 JAI.! L.ne to i ,4 h C AC 17 e.:Tr z7_ 1 f 0 .5, inch cle f-4 I -e,,; ;,ceel of ro be lol-5ced by dr'l bel -C617 Ab /-&-C/ (:,o Js J-: O 77 V -G k4/4[1 701 PA R 2 C3 jcoo lc-ec?' nr 6,6z 0.0., pvc 40 JAI.! L.ne to i ,4 h C AC 17 e.:Tr z7_ 1 f 0 .5, inch cle f-4 I -e,,; ;,ceel of ro be lol-5ced by dr'l bel -C617 Ab /-&-C/ (:,o Js J-: O 77 V -G k4/4[1 701 PA R 2 0 RESOLUTION Ct26774 oOc --- BE IT IMOWN that on this the 7Ar1;day of Z12rCB , 19 77 , 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 construction and maintenance of one 1 water line 300 feet in length and 8.625 inches in diameter MP 679+3038.4 feet f at or near said City of Lubbock, Lubbock County, Texas , whereupon the following proceedings were had: It was moved, seconded and unanimously voted that BQ;K Bass , 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 TEXAS ) COUNTY OF LUBBOCK ) I, y Treva Phillips ,.City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a.resolution passed by the City Commission of said City in regular session on March 24 , 19 77 , as the saire appears of record in Rook 34 Page �, Minutes of said. City Co=ission. IN TESTV:ONY VHEREOF, witness my hand and the Sea). of Said City this 24th day of March , 19 77 City Secretary (SEAL)