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Home My WebLink AboutResolution - 040865C - Pipe Line License - Panhandle & Santa Fe Railway Co - Sewer Line Station 31 - 04/08/1965MYT;bw 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 for Panhandle & Santa Fe Railway Company described in the attached license 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 8th day of April , 1965. - MAXTrDl%ORE,, Mayor ATTEST: 1, 44 Lavknia Lowen- ity Secretary*Treasurer FORM APPROVED; e. ,j .mss_. Fred 0. Senterr Jr., City t4Wrney J R E S O L U T I O N BE. IT KNOWN that on this the _.8th .. day of April 19.. .s at a regular meeting of the governing body of the City of Lubbock ' Tem there . came on to be con- sidered the matter of the execution of a license between the said City of Lubbock Texas s and Panhandle and Santa Fe Railway Company! relating to _a se:•rer line, croasiny station ,21 plus 66 feet in said City of Lubbock, Texas , whereupon the following proceedings were had t It was moved, -seconded and unanimously voted that Max Tidmore Mayon , be authorized and empowered to execute on behalf of the City of _ Lubbo ,k such licenses 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 COUNTY OF Lubbock ,) I Lavenia Lowe 9 City Seeretarys do Y}ereby certify that the above andi'orego ng s a true and correct. copy .of a resolution passed by the City Commission of said City in regular session on _ April 8s 19 65 s .as the same appears of record in Book _ 24 Page 142 Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the Seal of said 1 City this • � -'day-of _&Urj 1 ( SEAL) City Secreta. 1. .. .... _. . .___ Sown 165.33 Standord (+0.M=#*d * cven mi! Solicitor) PIPE LINE LICMSE THIS LICENSE, Made this 11th __--day of._ March between. P - FE -GAILY AY..CG1' T-Adly * a_ __1exaz_______ corporation (ho-einafter called `Licensor"), party of the first part, and C ITY OF LLBBXK (hereinafter, whether one or more, called "Licen., ee"), party of the second park 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—, ten_ �. inches in diameter (hereinaf: er, 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 Countyq Tp„Xa a _the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto. attached, 'No ----- _7_a83___, dated—Mch 5s 1965. marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPELINE solely for carrying _ and shall not use it to carry any other commodi y or for any other purpose whatsoever. S. Licensee shall pay Licensor as compensation for this license the sum of ane and No/iQoths 4. Licensee shall, at its own cost and subjoct to the supervision and control of Licensor's chief en- gineer, locate, construct and maintain the PIPE SINE in such a manner and of such material that it will not at any time be a source of danger to or interforence 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 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 there- after maintained in conformity with the plana and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part he:recf. 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 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 kill 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. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup- port Licensor's tracks and for flagman to protea 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, 1 icor or become liable for, resulting in any manner from the construction, maintenance, use, state of reps 1r, 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 per- sons, (c) mechanics' or other liens of any cher:.cter, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refs ise to comply with or carry out any of the covenants here- in contained Licensor may at its election forth 7*,ith 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 ti the r party upon ten (10) days' notice in writing to be served ! r upon the other party, stating therein the data tl at such termination shall take place, and that upon the termination of this license in this or any m.h:~ r. annex ,nervin provided, Licensee, upon demand of Licen- sor, shall abandon the use of the PIPE LIN 1,,: a id rem vo the same and restore the right of way and tracks of Licensor to the same condition in «•hie h they were prior to the placing of the PIPE LINE there- under. In case Licensee shall fail to restore I.icer.sor's premises as aforesaid within ten (10) days after 'the effective date of termination Licensor may -)roceed.a•ith such work at the expense of Licensee. No termination hereof shall release Ucensee from s ny liabiflty or obligation hereunder, whether of indem- nity or otherwise, resulting from any acts, oink sions or events happening prior to the date the PIPE LINE is removed and the right of way and tr ac'. of Licensor restored as above provided. 9. In the case of the eviction of Licensee b r anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or. ;1w.ndnnment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of a.ry iature whatsoever or to refund any payment made by Upensee to Licensor hereunder, except the propor,:ionate part of any recurring rental charge which may 'Mve 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, pc stage prepaid, addressed to Licensee at LubborJL,.__Ie ca s.._--- --- ------ -- ---- Any notice to be given hereunder by Licensee to T.iceisor shall be deemed to be properly served if the same be deposited in the United States Mail, pc stage prepaid, addressed to Licensor's Division 5uPezintendnnt_.----_at........Slatmn,..Texas....................... ........—------ --------- --- ............................»..»» .». 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 bene- fit of the successors, legal representatives and a., signs of the parties to the same extent and effect as the same are binding upon and inure to the benefAt )f the parties hereto, but no assignment hereof by Licen- see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licenser in each instance. IN WITNESS WHEREOF, The parties hare executed this agreement in duplicate the day and year first above written. c A Mi A NT IA F_ A a S AAiTA-F-E--R AY (Licensor) Approved as to Description: \-- - By_.. Its3 -.---- Chief Engineer. EQ m Approv&d City Attomay (Licensee) 0 S Y t 40 • ... .... ... ....� . ...• • . .....• V .... •... SLATON DtV;S:::: C,^ �;'TC!! D=1 :iii 1 •::i. OI' on 5, Fes;,.; �� Ii STREET i CiRrOI.' %Inc' — - ProN: line -7 --- P,:rt 01'0r the preDer�`t r : P. i S. F. 'Rv. Co. Coun: y to Lubbock aeDot treck ro.142 ,' t --'-to end_ � 2' _ j C= M C{: ro f2o-,-.; ,E Sw?VEY Z ! BLOCK 0b 7`o G cas qAari t � + ,CESCPIPTIOW : A !O$-i=hssnitV.y Saxlcr I, C/ass O cist iron i7,5t7iled J in a bcred �urrrrel Pcssirry 7= I� st ....I:r ��, Ord. 4036 S1a f