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HomeMy WebLinkAboutResolution - 080962H - Contarct For Pipe Line - Fort Worth & Denver Railway Company - 08_09_1962 FOS:djl �- RESOLUTION } BE IT KNOWN that on this the 9-ffi—day of August, 1962, at a regular meet= ing of the governing body of the CITY OF LUBBOCK. TEXAS, 'there came on to be considered the matter of the execution of a license between the said CITY OF LUBBOCK, TEXAS and FORT WORTH AND DENVER RAILWAY COMPNAY, relating to construction and maintenance of a 10 inch water line crossing the right-of-way of FORT WORTH AND DENVER RAILWAY COMPNAY at MPL-358. 4 , in said CITY OF LUBBOCK, TEXAS, whereupon,the following proceedings .were had: It was moved, seconded and unanimously voted that JACK F, STRONG= 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. AUTHO IZATI BEING HE?EBY GIVEN FOR PAYMENT OF THE $1.00 LICENSE FEE. STATE OF TEXAS ¢ COUNTY OF LUBBOCK ¢ I, Lavenia Lowe, City Secretary, do hereby certify that the above and fore- going is a true and correct copy of a resolution-passed by the City Commission of said City in regular session on August 9th , 19 62, as the same appears in record in Book 21 Page 280 Minute of said City Commission. IN'..TESTIMONY WHEREOF, witness my hand and the Seal of said City } this 9th day of August, 1962. (SEAL) J_ CK F. ST IG, Mayor i Lavenia owe, City Seof etary- reasurer W k R F i tf .Mr 0 Z rA N _ C� 1 ;> 1A : Form :"„`.- Sheet 1 o1 2 CONTRACT Fr', tDT LINE !ACROSS.. OR ALONU Rik_," IT OF WAY !' THIS AGREEMENT, Made and entered into as of.... ..._._-,......13th........................ .. i;i .......-.....................July..................................... 19_...62.- between FOR,r WORTH AND DENVER RAILVi'AY COMPANY, hereinafter called th'°"hailway," ar.I . .. ................................................................. City of Lubbock _.. _............ ... .. . ....._......................................................,........—.............................................. ...._.........._ ._.._.....,.................................................... uC. .. ...... .. . Lubbock. ....... ..... .......... ................-._.............State of._............................Texas.................,.........................,................................., hereinafter called (lie"Licensee." W ITNESSETH: ONE DOLLAR ($-1...�00) ....to be paid by Licensee ARTICLE1: In consideration uf............................................ .. ..._..............,..........._..........._............................-...................,.......,....... to Itailway irnnu•diately- upon the execution of this agreement, I 1CM1111104320 f 1 11 e,and upon the terms and conditions hereinafter set forth,Railway hereby grants unto Licensee license to enter upon the premises of Railway at offf==...,LubboZk,...... ...- Lubbock County, Texas, w at !tile-,Post._,T.,e358.t�48 and construct and thereafter maintain across or ... ...._... ....... ............... ... along said premises at the sole expense of Licensee, e.......ten.......... ( _... 10.....,) inch pipe line to be used for conveying.......1�1Ate=........... .. .... ...... ............... _.....only, the location of said pipe line being shown in red on the Railway's print Nu. ?.12.. hereto attached, ..1 and made a part hereof. five (5) ARTICLE 2: The top of said pipe line shall be placed at a depth of not less than 3MM) feet six (6)inches below the base of the rails of the track or tracks of Railway where it passes under the same and not less than three(3)feet below the surface of the ground at any point on Railway's property. If the said pipe line :;hall be of a diameter four inches or larger the portion of same directly under the said track or tracks, and under the roadbed thereof, shall be of cast iron or other material of approved strength. ARTICLE 3: The%aid pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet x ith the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, can or business of Itailw ay over its track or tracks now laid or hereafter laid on said premises,or in any manner interfere with the present or future use of the said premisl s. The Licensee shall not enter upon said premises for the purpose of constructing,maintaining or removing said pipe line except upon forty-eight hours' notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses, at the expense of Licensee, and perfurmance of such work shall be subject to his approval. If deemed necessary by Railway ao to do, Licensee shall, at the expense of iicensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or removing said pipe line is being dune. In the event the pipe line shall be used to carry any liquid or other substance under pressure, and shall be located under any track or within twenty-five (25, feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in accordance with Railwav's Him N-lo "' eopy of which shall be attached to,and thereby become a part of,this agreement. 99 in ease flail%%ay shall. after said pipe line has been constructed, build upon its premises any additional track or tracks, or structures,or make any rhanges in existing tracks or structures over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its said pipe line as may be necessary to make t1w same conform in its relation to said new tracks or structures, or changes in existing tracks or structures, in all respects to the conditions herein required for said present tracks rr structures, or as may be required by the Railway. Form 310 Shoot 2 of 2 ARTICLE 4: In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe line which in the opinion of Railway in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately shall disenntinue operation of and remove said grounding system,or take such steps as may be necessary to avoid all such interference. Licensee further agrees to indemnify and save harmless Railway from and against any damages, claims, losses, suits or expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railway by the operation, use or existence of any such grounding system. ARTICLE 5: The Licensee further covenants and agrees at all times during the existence of said pipe line upon the premises of Railway to keep and maintain the soil over the same thoroughly compacted,and the grade even with the adjacent surface of the ground,and that Licensee will at all times release,protect,indemnify and save harmless Railway from all claims,demands,judgments,loss,costs and expenses,for injury to or death of any person, or loss or damage vT the property of any person or persons whomsoever(including both parties hereto and their employes),in any manner arising from or growing out of in whole or in part, the construction, reconstruction, maintenance, operation, repair, change, existence, use or removal of said pipe line or the subsidence of soil over the same whether caused by the negligence of the Railway, its servants or employes, or otherwise. ARTICLE 6: If Licensee shall well and faithfully comply with all the terms, covenants, and conditions herein set forth on the part of Licensee to be observed and complied with, the license herein granted by Railway shall continue in force to the full expiration of the period of one (1)year from the date hereof,and thereafter until terminated,upon not less than sixty (60)days' written notice by either party hereto to the other;but if Licensee shall fail to perform any of the covenants herein contained, Railway shall have the right to terminate this litvnse forthwith and without notice. Any notice herein provided for shall he sufficiently given and delivered if mailed in an envelope properly stamped and addressed to Licensee. Upon the termination of this license in any of the modes herein provided for, Licensee shall, at its own expense, ulxm beinK not.itied so to do by Railway, rernove said pipe line from said premises, and restore the ground to a safe and level condition, and in case of its failure ss,to do, the Railway may at its option,either remove the said pipe line from said premises st the sole expense of Liceruee,or disconnect the same at points where it enters and leaves the said premises. ARTICLE 7: The Licensee shall not transfer or assign this license without the written consent of Itailway. The said license shall be binding upon the heirs,personal representatives, successors and assigns of the parties hereto, IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year fiat herein written. ATTEST: ................................._.... .................................... ...:_..................... .....- FORT WORTH AND DENVER RAILWAY COMPANY. Secretary. By. _. .. ...... .. ......... . ._.................................................. ATTEST: Its General Manager City of Lubbock _ _.... .. _..... ........ ............................................ Secretary Licensee.. APPROVED AS TO FORM: BY. .. ........... _. .... _. .-.....__.. . ......- .: ._.... ........ Its Mayor A Itrounsmended General Attorney. : t Att Assts Chief Engineer . . -......... - _. Superintendent Installation , , Fig.4 Pipe Line For Norl-Flammable Substances Pipelines crossing under onv Tracts shall be installed in accordance with Figure Four f. —see Note l-------j See note S— and shelf not be placed within a culvert or under a railway bridges I — n Pipelines crossing under tracks shall be installed by boring cr jaching,if practicable, I jace yy- otherwise with use Of falsework Hawever,sir,-n receipt of special written permission i from the Division Superintendeit permitting removal of tracka,pipelines Crossing Mb'11p1e 4Y' 2 under?rocks may be installed by the open french method,ond pipes carrying only Used witr.5chernr t "`i' Q O.� non-flammable substances not under pressure may then be installed without -------- 0 SFtGIn(Miod E easing pipes,in ary rtnocer set forth In the next succeeding paragraph,provided that See Note 2 3et(tAn 11^ See mate{ a concrete collar of least 9inches thick and I font can each side of the Joint stall -------- be cost around the joints whenever tongue ord groove concrete pipe is used. I------- -- -- Ces,na Pipe All Any pipeline not crossing under any frock s^ail be •nsto:led as follows. D---- -1Vf4 NOTE$,I.Each or essing.when below ground,Nell be suifooty protected a gamic entrance of I. :f within 45 feet of any trocs,,br.dge or structure the carrier pipe shall foreiynrnaleriol. be Insfolled and encased i, oi.corr;ance with the standards shown in 2.Ends efaestrsg.when above ground surface and aDo,e h99h walIer lave%viay be f,gore 5,if eo'ryi,.g nOn•tlommi:b tv substances left open where drobscatte is aclAcible. S Casing pope shall extend A mnrimrxn&sconce or 1 t ft Pius 5 ft pus 15 0 measured at rqo angles.rpm canter tine of outswe frock(Where D eaf.o;s foe depfti of bolilom of aiTisg 2 It more than 45 feet from any treCk,br,d9e o' stucture the pipe shall below subgeade),erto ro,tway e:qM-d-wroy.w71chever is geeafer consist of steel,cos•iron Pr wrought non pipe meeting Tne specifications ASPHALT COAT4DEDSMOOTH RRIER PIPE TORE SMOOTH STEEL-7 CAR- for such carrier pipes nere-in-after Set forth. ASBESTOS BO STEEL OR OR WROUGHT i i RI R BETWEEN CAR- CORRUGATED IRON OR GDR• RI ER PIPE AND CAS- METAL,OR W. LST IRON PIPE ING PIPE TO B1, BACK 3. it such tl,pc sh311 carry only o •con-ttemmable aubSlon ce oaf under CARRIER PIPE HUGATEp FILLED WITH SAND PIPE OR JACKINGrlssue! If ma CJns'St cf L'orlcrett Ipe meetiP. ASTM 5 fleation CENTERED WITH PEOR LEAN CONCRETE D , Y D Q Deci SMOOTHC-76-57Table IV,and no encasement ,s necessar STEEL PIPE, SAND OR OTHER iF CORRUGATED P•PF . Y SUITABLE MATERIAL. i5 USEC+PROTECTED AGAINST All pipes shall be instoVed at G depth Of not less then 3 feet below the CORROSION ' surface of The ground at an points Signs we required at al; points where SECTION A-A SCHEME i SECTION A-A SCHEME 2 the pipeline enters and leaires the right of wav,ond at orpropr`ate periodic CARRIER PIPE WITH SUB- CARRIER PIPE WITH SUBSTANCES NOT intervals where tl a pipeline parallels the r.ght of way STANCES UNDER PRESSURE. UNDER PRESSURE CASING PIPE Where laws or orders Of competent publ.r: authority Prescribe a higher degree of CASING PIPE IN BORED HOLE. JACKED THROUGH ROAD BED protection than Mild herein, then the higher de re of ttection so Prescribed MANHOLE HFRWS D A. SHOWN I IN Flfi 4 � �� g g'`• Pra UNLESS 17THFRWISE SPFOFlED IN CANTFAC'T, ASPHALT COATED, Stall be deemed a part of the sf,ecificat.ons set forth In tan exhibit EXCEPT THAT MANHOLES AND SAND ASBESTOS BONDED CENTERING MAY 13E OMITTED IN INSTALLA- CORRUGATED METAL T'OW USED ONLY INTERMITTENTLY WHERE \•\ OR SMOOTH STEEL Carrier Pipe BOTH ENDS OF CASING PIPE ARE ABOVE +� 1 -PIPE,PROTECTED Carrier line pine and joints inside of casing a 4er railway tracks and riffht-of-way CO3)UND AND OPFN KIP INSPECTION 11 AGAINST CORROSION. shall be of approved cunstructiun sati4actory to the is boas company. foinls for carrier �. line pipe ot,erating under pressure shall be of Trechari,a! Or weldrd tvtW Pipe shaTI be Pipe lines carrying ton-flommable laid with slark (no tension' it,, the line,or with eirpanslon joint bear the pint of railway substances under a pressure of less SECTION A-A SCHEME 3 Crossing. than 00 p s.L may be ancosed in . TO BE t15Ep IN INSTALLATIONS USED ONLY INTEI Casing Pipe refnMrced concrete culvert pipe MITTENTLr WHERE BOTH ENDS OF THE CASING mode in accordance with ATSM PIPE ARE ABOVE GROUNO.ABOvE THE HIGH Casing pith• and p„ntt ghee! ',r ! i..tti;•.. t - ,n.r.,t'u,r. ,at-ahfr of witl+sta,ulmt' Spec C76-57 Table 1V WATER LEVEL,ANO OPEN r^P `NSPECTION raiiw'a, Il liiing DRA,h AGE MUST BF Q')v!':ED IN A MANNER R.R. Strength 50 THAT LEAKAGE WILL BE CONDUCTFD AWAY FROM THE ROAD BED ANC STRUCtUHFS Wxf.t. TNI,Kstst Fna Sttr.l• lntii%., i'I:'I f,•r F: 'i li„rasr. :h•t,l ,. IMvsc,ii Corrugated Metal Pipes Minimum Tk,cemss C,omNer of ill Under Track 1" 5 8".10•,f�,ln+orrd 16• r"O."'ele, P. *,I Mwh Tunrwl P•Pe plate L,Per 4 18"and 20" p" rc 4" ,4 G. - 22"and 24' M" 6 21 12 - - I�' 26"and 28" 2 4. o 3 , 2'and 5D' is 42' B Note 0" 3 34" '48 H - ew ASM5TOS BONGiN6 MAY RL 36" and 39" 54" 8 - 7• OMITTED FOR kaA.r,•PL A,li .� 40�and 42" GG"rr r,� c>r 5- ANC TUe!WL LINER' . . . . 5 8,11"'c COB" 3' 3" 'Thictnere I,, for slier! pipe waving a n,.m,nva, yiiid wealth nl tS..110 I., \diner Ik.A.-.t I. i20"tn.44• 3-• nerevsarY for other grades of pipe.except Ihal thirkrim of pipe sha! n-I b- k.. •not+ Ia rn. Class 150 Iasi iron pt{Ie may be used for 12 in and under and (lass 250 shall bP Fig. 5 Pipe Line Along Right of Way used for over 12 in. provided the method ni installation k by )lien Irenrh and prior approval has been secured from the chief engineer of the railway company s PIPE LIM$c.lioi ING Sues T^NCfS uNOER PIIEaaFEENRE MUST eE EhialED P wil'NIN The inside diameter of the casing pipe shall be at least 2 in greater than the largest Sir MI rOr CENTERa kc OF IIIII On ' l L outside diameter of the carrier 11 plings, for tarti•r 1 less than 6 in ;tftlffllttl%a•ii OP aTRt{TUBE r.+,a.............. t lac, joints wit pipe 5-0" .t jwlasfeia`afs in diameter; and at least 4 in grater for carrier pipe 6 in sod oirr in diameter. It shalt, wteRE •T s IuweKreaetE 'u CO%aRL+ in all cases, be great enough to allow the carrier pipe it) r rerru,vrd sub eyuenlly without ,.,,.,�., .d.NO ta. .k: L..•' w"T teals PLAN aEv,,tTION WIST eE disturbing the casing pipe or n>adtted 3L-O" IN .P onn In, cHRr E`sG;NEFR Casio i g pipe shall be so constructed as to prn•en1 leakage of any metier from the l'F', casing or conduit throughout its length under track and tailwa: right at way, except at ends of casing or conduit where ends are kit alien Lasing shall be vi installed as to ---_-_-.__ - __..__�— prevent the formation of a waterway under tlsr r:,IwaY and with an teen bearing STANDARD SIZES OF PIPES WROUGHT IRON OR ST- EEL throughout its length. and shall slope to one rr.' LINE T I"7 I 2�'2 s 34yT. 4° 5'; 6p SIT t $ gin+17"' CASING I2 .1.3_ 3'r...4 .4 l t? . �. i,. E 1 1 i !t}12 1.14"y Protection Against Corrosion LI` NE - r >< I I ; j2 IVloo o.o 6oaj7ao 3aa Clrrat ao Odor 'aq Pipes, when M steel material, sha!] recent exlerimN, the same +rotective ,t a n n K F .n a CASING aa,36a.o.�op.JSo.o"�Oagr2la�4oa,''JJ�nla�6a`no,�aa coating which is applied to liar carrier pipe adjacent to the tro%,ing except that in no _ _ lase%hail the protective cuatmg be leis than 3 rail-tar primer t.,.rf, lot]uwed by a single STANDARD SIZES OF CAST IRON PIPES _ application of hot mill enamel 1 ,hick t in, plot a handed 15 th ;.sbrstos LINE 44 6w 1 8e i0" 12'i i4 ispt IF3a1 2G - f fell wrap, or to lieu of the abuYe the t,,•'inG ,bait he an a;q,n s••,1 snhstdute erjr..lt lwA$ING i ,1 12 14 I Iir 4v i4 3dii In Ihi.combination prote,•,re loafing t= OD SIZES ARF 8A51`1 141 ` fleiore iI•'lIL,tlun, ekilnt ai rlrlri Sr!•o :..'t i,{. vh i" Ir• a.J !'..,w a: PIPE IN L t:CK•,7"?U24"PIPE IN,-, 41raCK,30 1`042'qPf INCL-i TKI( A Lrtaks in the coatmt: All din-ar,rd , broir,. raat!nus shai: i+ tLate•1or eel!A;e=I .N.T w�,FN PIPE IS N•_` •ti',+ER •RAC-e„_ ' installation shall he to •!• it,, su.h mania. ilia' ;.r ^,In" t'•:;d the ..n,:•' yi{•• is undamaged 4,11,itt•I:! .:lrrwil tiitw I• (cart:tHlrr.,l' , t •t;i, 1.,, i,r,I.+ •h.i'l!*rx':er• t In the r.i,!nC pip,- in 1�':10 vIn t„ th, 1)1`10l'i'I% 'A!.i'+ =.r' I•'.•,^Ik video, the r !.•..I, , :, •h:ell `e tl., ' f�arlingtOn 1. tFS stru,ty - I.. fa,_'rtir. J, 44 ,.i•-- i),.