HomeMy WebLinkAboutResolution - 1381 - 3 Licenses - ATSFRC - Aerial Power Line Crossings - 05_12_1983The Atchison, Topeka and Santa Fe Railway Company
900 Polk Street
Amarillo, Texas 79171
806/376-5131
April 8, 1983
Files: CT 31899
CT 31900
CT 31901
Ms. Evelyn Gaffga
City Secretary -Treasurer
City of Lubbock
P. 0. Box 2000
Lubbock, TX 79457
Dear Ms. Gaffga:
Reference is being made to your recent request for three aerial
power line crossings at Mile Post 3 + 2914.4 feet, Mile Post 3 + 2643.0
feet, and Mile Post 1 + 1266.0 feet, all at Lubbock, Texas.
We have no objection to these three power line crossings, and I am
enclosing duplicate originals of three power line licenses covering these
installations and stipulating a fee of $750.00. The licenses have been
executed on behalf of the Railway Company and will appreciate your further
handling for execution on behalf of City of Lubbock, Texas, with return of
the copies stamped "Santa Fe Original" for completion of our records.
After the licenses have been executed as indicated and in their
present form, it will be satisfactory to proceed with installation of the
crossings with the understanding that installations will be in accordance
with provisions of the agreements and that you will furnish Mr. R. W.
Bowman, of Superintendent Dixon's Office, telephone number Area Code 806
376-5131, Extension 313, three (3) days' advance notice of date actual work
on Railway Company property will commence.
Thank you for your cooperation and if there are any questions or
other information desired pertaining to this subject matter, you may
contact Mr. B. R. Darnell, Extension 165, or Mr. F. 0. Koopmann, Extension
224, of my office.
Yours truly
D. P..iValentine
General Manager
Ct-31900
FWm 2141 8t=dsrd
(AVDroved b.4 Oec r-1 SoAedter)
L%C NsE You
4s s'r RIC EUPMY LICE ACROSS OR AIAN6 RAILWAY PROYM rrY
fi wArlo Light. Pvwv ffiav;H7 aad TroD*r TAa Irrespective of veramm Overbead or Uade crowA)
THIS 1l MNSE, made as of the-_...6th._.___&y of_..__ Aril ____ —, IS 83 ,
between THE ATCHISON, TOPEKA AND SANTA FE R AMWAY COMPANY,
Delaware ___corporation (hereinafter called "Santa Fe") Znd
CITY OF LUBBOCK TEXAS, a Municipal corporation, acting herein by its
Mavor. Hereunto dulv authorized
(hereinafter whether one pasty or more called `Licensee").
Winaesseth, that the parties hereto for the considerations hereinafter expressed covenant and agree as
foBOWE:
1. In consideration of the sum ed Fifty And NOI100ths - - - - - - - -Dollars
($.2KA2____) 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 Lubbock, Lubbock County, Texas
the kind and gauge of said conductors, the hale,
frequency and voltage of the electric circuit carried thereon and the location of said electric supX line
being more particularly shown upon the print hereto attached, No.__Xr2_23_L _^—
dated—APril _ 5 L19 83
_----marked "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 co 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 older 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; pprovided, however, all materials
and workmanship employed in the construction and maintenance of the Electric Supply Line shall be sub-
ject to the approval of Santa Fe.
S. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles
and will at all times keep the space around such poles free of such material, and if removal of such com-
bustible material shall not be attended to within fifteen (16) days after having been requested by Santa
Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reim-
burse Santa Fe for the expense so incurred.
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 completion
of the Electric Supply Line or after the making of any changes, repairs or renewals, Licensee shall, at
Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (15)
days after receipt of bill therefor, pay to Santa Fe the entire cost 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.
6. If at any time during the term hereof Santa Fe shall desire to make any use of its property with
which 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,14-
eensee 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 Electric Supply Line as in the judgment of Santa Fe may be
necessary to avoid interference with the proposed use of its property.
6. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at an
time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in th
-event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the cost, as esti
mated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Sant
Fe in performing such work shall prove more or less than the amount so advanced, the difference shall b
promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, ad
vane the necessary moneys to cover such cost and, in that case, Licensee agrees promptly upon demani
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 operatin
over its tracks against, and shall pay in full, all loss, damage or expense that they, or any of them, ma;
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
chants' or other liens of any character, or (d) taxers or assessments of any kind.
8. Since this license is made in part for the benefit of other companies operating over Santa Fe'
tracks, any of said companies may sue to enforce the provisions hereof, either jointly or severally, as the(
interests may be joint or several. None of said companies nor the Santa Fe shall be liable for any damage
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 carry out any of the covenants here
in contained, and such failure or refusal shall continue for a period of thirty (30) days after written de
mand for such performance or compliance shall have been made upon Licensee by $ants Fe, Santa F
may, at its election, without notice, forthwith revoke this license, and in case of such election, or upon an;
termination hereof, Licensee shall, upon request, forthwith remove the Electric Supply Line and restor
said premises to the condition in 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 (50) days, Santa Fe ma;
proceed with such work,.and Licensee shall promptly repay to Santa Fe the cost thereof. No waiver b;
Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or held.to be (
waiver of the right to terminate the same for any subsequent default or defaults, but notwithstandin;
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, whetb
er of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date o.
termination or such later date when the Electric Supply Line may be removed and said premises restores
as bereinabove provided.
10. Licensee shall at all times, at Llcensee's own cost, maintain the most effective system and us,
the best ]mown and most effective methods to protect the lines, wires, and service of Santa Fe and of an;
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 interferene
or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes h
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 owning or claiming title to or any interest in sail
premises, or any part thereof, Santa Fe shall not be liable to Licensee for any damage of any nature what
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 serve(
if the same be delivered to Licensee or if deposited in the Post Office, postpaid, addressed to Licensee a
Z_City Secretary - Treasurer, P. 0. Box 2000, Lubbock, Texas 79457
13. In the event Licensee herein conaista of two or more parties, all the covenants and agreements a
Licensee herein contained shall constitute the joint and several covenants and agreements of such parties
14. This license may be terminated by either party hereto upon one -1- *months' notio
in writing to be served upon the other party, stating therein the day of the month that such terminatioi
will take place; and upon the expiration of the time specified in such notice this license, and all rights an(
privileges of Licensee thereunder, shall absolutely cease This license shall terminate in any event im
mediately upon the death of the Licensee, 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 legs
representatives, successors and assigns; provided, however, no assignment hereof by Licensee, Licensee'i
legal representatives, sucxessors or easigna, nor an9 subsequent assignee, shall be binding upon Santa F(
without the written consent of Santa Fe in each instance, and at the option of Santa Fe this license ahal
be forfeited by any such voluntary assignment or by any assignment thereof by operation of law.
z
aa�ve wnzzen.
THE ATCHISON TOPEKA AND SANTA FE RAT7 WAY COMPANY
APPROVM: BY --
Ax to Description:
Its_ _A5_$_t&taut to General Manager
Chief Engineer
ABt0�Specifications:
/ , rTTY OF TiTRRnCR_ T A.
By -- —
Superintendent of4-3ommunicatious
Its Mayor
(Licensee)
(AttL& Print here)
e A. T- P 'z. F. Ry. M
Approvedij
For A ...I - Eng
R estern Line[
EXHIBIT "A'*
TO CONTRACT BETWEEN
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
,0Li3/At 5 DIVISION Ce0.S3y7-biti DISTRICT
AND
C / Ty OF L UBBoC k
COVER/All A-V AER/AL 040Wd5e L/Nr CROSS/NG
NEAP
LUBBDC&, LUBB0CK COU4UTy,TEW5
SCALE t = /pp ' A.G-M.-ENGINEERING-AMARILLO. TEXAS No X— JZ-Vo
DATED
Y- /5-
ihAP Z
Licl F
i
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iu r ycr
Hi
7v tdBBa.�
a�!
�-c cRosB�/7ro.cJ�
tio/ Av o
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I c�'
T . ZO ^+�
A7 P. 3 f 28�3.0 +Y
LENGTH ON R/W //0.3
NO. WIRES
_
POLES ON R/ W _ _Q`
SIZE WIRES
GUYS ON R / W _�_
VOLTAGE.
CLEARANCE A&)'tiE TOP Of-- HAIL _moo'
PHASE
/
CLEAPANCE ABOVE RY. CO COMMV41CArIGN LIr+ES
-AlE?•__
CYCLE
TO BE CONSTRUCTED PER
AAR SPLCGFICATt()N$
R/W MAo %'n / ZOOSTA ,,r.P NO
SANTA FE ORIGINAL
Ct-31901
Fina ni-1 stsndrrd
(A4vrvvtd W, o�i souasoor)
i"T=rRI^ SUPPLY L=Z AC U)CS OR AIA)NG RAILWAY rnormmn
fwk-010 LSShf. Pope aavP13r cad Tro)te7 Ltn Irr-veotlre of Vohasi, Overb—d or Uadercreard)
THIS LI ENSE, made as of the ...... ---6th____day of_...__ April _ IS 83 ,
between__ TU, CH9_0,�'9_ Mi A .AND SANTA FE RAMWAY COMPANY.
&.___Delaware. _-_-.corporation (hereinafter eaW "Santa Fe") and
CITY OF LUBBOCK, TEXAS, a Municipal corporation, acting herein by its
Mavor. hereunto dulv authorized
(hereinafter whether one party or more called "Licensee").
Wimesseth, that the parties hereto for the considerations hereinafter expressed covenant and agree as
follows:
1. In consideration of the sum of Two Hundred Fifty And NO/ 100ths - - - - - _-^Do1rs
00 _) in hand paid by Licensee to Santa Fe, the receipt whereof is hereby aelmowledged,
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 Lubbock, Lubbock County, Texas
the kind and gauge of said conductors, the phale,
frequency and voltage of the electric circuit carried thereon and the location of said electric supp>ry line
being more particularly shown upon the print hereto attached, No._X-7237
datE,d__Apri1_5, 1983
marked "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."
Z. Licensee shall, at Licensee's own cost, 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 s`Latute 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; provided, however, all materials
and workmanship employed in the construction and maintenance of the Electric Supply Line shall be sub-
ject to the approval of Santa Fe-
S. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles
and will at all times keep the space around such poles free of such material, and if removal of such com-
bustible material shall not be attended to within fifteen (16) days after having been requested by Santa
Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reim-
burse Santa Fe for the expense so incurred.
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 completion
of the Electric Supply Line or after the making of any changes, repairs or renewals, Licensee shall, at
Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (15
days after receipt of bill therefor, pay to Santa Fe the entire cost 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.
5. If at any time during the term hereof Santa Fe shall desire to make any use of its property with
which 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-
eensee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Santa Fe
to such effect, make such changes in the Electric Supply Line as in the judgment of Santa Fe may be
necessary to avoid interference with the proposed use of its property.
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-
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.
S. 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,
howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise.
9. If Licensee shall at anytime fail or refuse to comply with or carry out any of the covenants here-
in contained, and such failure or refusal shall continue for a period of thirty (30) days after written de-
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 premises to the condition in 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 (30) 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.
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 owning 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-
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
if the same be delivered to Licensee or if deposited in the Post Office, postpaid, addressed to Licensee at
-% City Secretary — TrPacnrar_ P. 0. BOX 2000. Lubbock. Texas 79457
13. 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 party hereto upon one -1- months' notice
in writing to be served upon the 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
privileges of Licensee thereunder, shall absolutely cease. This license shall terminate in any event im-
mediately upon the death of the Licensee, 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
representatives, successors and assigns; provided, however, no assignment hereof by Licensee, Licensee's
legal representatives, successors or sasigns, nor any subsequent assignee, shall be binding upon Santa Fe
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.
.# ,
IN WrrNws W$EaWF, the parties have executed this license in dupheate as of the day and year first
above Tmtte,-
THE ATCHISON, TOPEKA AND SANTA FE RAT7.WAY C4MpANY
APFROVEU: As to Description:
Its As�is�.nt to General Mana¢er __
-- �— Chief Engineer
As to Specifications: CITY OF LUBBOCK. TEXAS,
-24�� BY _
Superintendent of mmunications
The A. T. & S. F. Ry. Co.
/Deaeription Approved
Gam' oA
Farr AG'_1i•EnancerrnR
Westem Lines
Its Mayor
(Licensee)
r • Ad -t ti— b
EXHIBIT "A"
TO CONTRACT BETWEEN
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
PLA/itJS DIVISION CROSByToN DISTRICT
AND
C/Ty OF LUBBOCK
COVE.e//I/& AA1 AE,e/AG PoWk5e G/ALz- CROSSJAJG
ZvaaoCKI L UBBOCK COU,TE,Y,gS
SCALE I = /QQ" R.G.M.-ENGINEERING•AMARILLO. TEXAS No k-7037
DATED AP/e/L 5i /983
14A P /
P,44. 3
STA• 8674 23. C
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6 2 -0.7 C EFNo eX. /, L
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Itl
ty � ro cRosey�—�.•
r � ' m
LENGTH ON R/W .S2 o•S4 NO. WIRES
POLES ON R/w O SIZE WIRES
GUYS ON R/W O VOLTAGE
CLEARANCE ABVvE TOP OF HAIL �7—.O PHASE
CLEARANCE ABOVE RY. CO OOMtdU+ICATIGN LINES��_— CYCLE
TO BE CONSTRUCTED PER AAR SPECiFtCArIONS