HomeMy WebLinkAboutResolution - 011471E - Agreement - ATSFRC - Electric Line Crossing License, Doud Station - 01/14/1971KJ:11
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 an agreement between
the City of Lubbock and Atchison, Topeka & Santa Fe Railway Company covering
an electric line crossing license at Doud Station, 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 14
ATTEST:
Lavenla Lowe, City.:S cretary-Treasurer
APPROVED:AS TO FORM:
red 'O. Senter, Jr. ; City Attorn y
SANTA: r- . oidGINAI:
Form 8171 Stabdarci n +r J ;
(ADDroved b7 General Solldtor) • ' �;
LICENSE WGR
ELMICrRIC SUPPLY LINE ACROSS AOR' ALONG RAILWAY PBOFERTY'
(Zleatsto Light Power mnDVv and Trotle7.Llnea6 Irrexpeattve of Volta" Overhead or Underground)
TSiS LICENSE, made as of aA 11 t -h kyr NovPmhP_r
between - THE ATCHISON, TOPEKA AND SANTA FE +
RAILWAY COMPANY, r
A De aware corporation (hereinafter called "Santa Fe") and ;
CITY OF LUBBOCK, TEXAS,
a municipal corporation,
(hereinafter whether one party or more called "Licensee"). +
Witnesseth, that the parties hereto for the considerations hereinafter expressed covenant andagree as
follows:
1. Inconsideration of the sum of - One and No/100ths Dollars
($ 1. nn ) in hand paid by Licensee to Santa Fe, the receipt whereof is hereby, acknowledged,
and of the covenants and agreements of Licensee hereinafter set forth, and of the faithful performance by '
Licensee of the same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric
supply line containing a. maximum of four (4) conductors across or along the
premises of Santa Fe at or near the station of Doud . Lubbock County,
Texas,
the kind and gauge of said conductors, the phase,
frequency and voltage of the electric circuit carried thereon and the location of said electric supply line
being more particularly shown upon the print hereto attached, NO- DEOS-8988
dated October 30, 1970,
*++A*ked "Exhibit A", and made a part hereof. For convenience, the said
electric supply line, with all conductors and their supporting or containing structures in so far as they
relate to said electric supply line upon said premises, is hereinafter called the "Electric Supply Line."
2. Licensee shall, at Licensee's own coat, construct and at all times maintain the Electric Supply Line
in strict accordance with the Specifications, for the time current, for Electric Supply Lines across or along
Railway Property, adopted by the Electrical Section of the Association of American Railroads, or any
successor agency, except where by statute or order of competent public authority a different type of con- ,
struction or a different degree of maintenance is required or permitted, in which case such construction
or maintenance shall be in strict accordance with such statute or order;rovidec� however, all materials
and workmanship employed in the construction and maintenance of the Blectric apply Line shall be sub -
f ect to the approval of Santa Fe.
8. Licensee $hall, at Licensee's own cost, remove all combustible material from around wooden poles Ali
and will at all times keep the space around such poles free of such material, and if removal of such com- ` wi .,.,
bustible material shall not be attended to within fifteen (15) days after having been requested by Santa
Fe so to do, Santa Fe shall have the right itself toerform the work and Licensee hereb . to
burse Santa Fe for the expense so incurred. p y� reim
4. During construction and while repairing, renewing or changing the Electric Supply Line, Licensee
shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the property
of Santa Fe, and that there shall be no interference with the operation of its railroad. Upon compon
of the Electric Supply Line or after the making of any changes, repairs or renewals, Licensee shall, at
Licensee's own coat, restore said premises to their former state• and Licensee shall, within fifteen (16)
days after receipt of bill therefor, pay to Santa Fe the entire cosi incurred in employing watchmen or such
other means of protection as in the judgment of Santa Fe may be required during the construction, main- .
tenance, repair, renewal or changing of the Electric Supply Line. +; ;
whicIf at any time during the term hereof Santa Fe shall desire to make any use of its property with
h the Electric Supply Line will in any way interfere, including the relocation of existing or the con-
struction of new lines of poles, -wires, conduits and other facilities in which it shall have an interest, Li-
censee shall, at Licensee's own cost, within thirty (80)days after receiving written notice from Santa Fe
to such effect, make such changes In ,the !mac $apply Lfne as in the ,judgment of Santa Fe 4aaT U
necessary to avoid autafemee '•Qe ,its property77
.
`� _ i
6. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any-
time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in the
event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the cost, as esti-
t.
mated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Santa
Fe in performing such work shall prove more or less than the amount so advanced, the difference shall be
{
promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, ad-
vance the necessary moneys to cover such cost and, in that case, Licensee agrees promptly upon demand
;
to pay to Santa Fe all sums so advanced, with interest.
7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies operating
!.
over its tracks against, and shall pay in full, all loss, damage or expense that they, or any of them, may
sustain, incur or, become liable for, resulting in any manner from the construction, maintenance, use,;
state of repair, or presence of the Electric Supply Line upon said premises, including any such loss, dam-
age or expense arising out of (a) loss of or damage to property, (b) Injury to or death of persons, (c) me-
chanics' or other liens of any character, or (d) taxes or assessments of any kind.
E .
8. Since this license is made in part for the benefit of other companies operating over Santa Fe's
tracks, any of said companies may sue to enforce the provisions hereof, either jointly or severally, as their
Interests may be joint or several. None of said companies nor the Santa Fe shall be liable for any damage,
• ,
C;
howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise.
9. If Licensee shall at any time fail or refuse to comply with or ca out an of the covenants here-
fn contained, and such failure or refusal shall continue for a period of thirty (30) days after written de-
1
mand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe
may, at its election, without notice, forthwith revoke this license, and in case of such election, or upon any
termination hereof, Licensee shall, upon request, forthwith remove the Electric Supply Line and restore
said to the in
,
premises condition which they were prior to the construction of the Electric Supply Line.
In case Licensee shall fail to make such removal or restoration within thirty (80) days, Santa Fe may
proceed with such work and Licensee shall promptly repay -to Santa Fe the cost thereof. No waiver by
Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or held to be a
,
waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding
".
such waiver Santa Fe may terminate this license upon any subsequent default or defaults which may oc-
cur; nor shall any termination hereof release Licensee from any liability or obligation hereunder, wheth-
er of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of
termination or such later date when the Electric Supply Line may be removed and said premises restored'
as hereinabove provided.
i
10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system and use
the best known and most effective methods to protect the lines, wires, and service of Santa Fe and of any
licensee of Santa Fe whose permission to use said premises antedates the license and permission herein to
Licensee, from interference and physical hazard, and if necessary in order to prevent such interference
or hazard, Licensee shall, at Licensee's own cost. transpose Licensee's circuits or make such changes in
the construction or location of the Electric Supply Line as may be specified by Santa Fe.
11. In case of the eviction of Licensee by any one offing or claiming title to or any interest in said
premises, or any part thereof, Santa Fe shall not be liable to Licensee for any, damage of any nature what-;
r • ;
soever, or to refund any moneys paid hereunder.
, , ;
• 12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly served
H the same be delivered to Licensee or if deposited in the Post Office, postpaid", -ad"d"ressed to Licensee at
►;
_Lubbock, Texas.,`
+
18. In the event Licensee herein consists of two or more parties, all the covenants and agreements of
Licensee herein contained shall constitute the joint and several covenants and agreements of such parties.
14. This license may be terminated by either hereto upon one (1) *►'�onths' notice
par
in writing to be the
served upon other party, stating�therein the day of the month that such termination
will take place; and upon the expiration of the time specified in such notice this license, and all rights and
j.
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privileges of Licensee thereunder shall absolutely cease. This license shall terminate in any event im-
mediately upon the death of the LJcensee, if the sole Licensee is an individual.
15. This license shall be binding upon and inure to the benefit of the parties and their respective legal
I `
representatives, successors and assigns - provided, however, no assignment hereof by Licensee, Licensee's
legal representatives, successors or ass&gns, nor any subsequent assignee, shall be binding upon Santa Fe
a' ,
without the written consent of Santa Fe in each instance, and at the option of Santa Fe this license shall
be forfeited by any such voluntary assignment or by any assignment thereof by operation of law.
'
16. It is mutually agreed and understood -that this agreement supersedes and.cancels
those certain documents dated November 15, 19540 -.:and November 24, 19649 Railways Sec—
retaryts Contract Nos. 15107 and ,19693:!.`relating.to,two power line crossings and
parallel power line, this relocation is rfor,:the=benefiti. of a lessee of Railway Company
at Doud, Lubbock . County, Texas...; ;.-, . ; _ .
No Text
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TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
SLATON DIVISION
5EAGRAVE5 DISTRICT
AND
LUBBOCK POWER & LIGHT
Covennq relocation of overhead power line
DEScRIPT/ON "
at DOUD , LUBBOCK COUNTY, TEXAS _
198feet Intwo Cro55ings and f,669'feetof parrtllol line(as
SCALE 1'— 200'
D. E. O. SLATON, TEXAS, No. 8988
relocated to benefit leas¢e),which contains 3-ACSR N94(0.251 inche5
DATED: OGT. 30,1970
diameter)7200volt power line with maximum stress of 2,290 pounds
Identified by
and posses 29 feet over tops of roils and not less than 4 feet above
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railwoy communication lines on 10-40 foot class'A poles as shown
or Division a,Min..r,
hereon in red colorinq.
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