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HomeMy WebLinkAboutResolution - 063064N - Acceptance Of Pipe Line License Crossing Ft. Worth & Denver Railway Co, Track 3 - 06_30_1964 08 61m `L59-6-64 1 F oul. DWN ` " a 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 acceptance of a Pipe Line License, crossing under Fort Worth and Denver Railway Company, track No. 3, and right of way in an easterly - westerly direction at Ash Avenue and 26th Street in said City of Lubbock; from Fort Worth and Denver 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 Re- solution as if fully copied herein in detail.. Passed by the City Council this 30th day of June 1964. MAX TIDMORE, Mayor ATTEST - - AppEovsd fr c Lav ' Lb,we,,.City Se etary-Treasurer Ate" AUTHORIZING THE MAYOR OF THE CITY OF LUBBOCK TO EXECUTE FOR AND ON BEHALF OF THE CITY OF LUBBOCK AN ACCEPTANCE OF A PIPE LINE LICENSE, CROSSING UNDER FORT WORTH AND DENVER RAILWAY COMPANY, TRACK NO. 39 AND RIGHT OF WAY IN AN EASTERLY-WESTERLY DIRECTION AT ASH AVENUE AND 26TH STREET IN SAID CITY OF LUBBOCK FROM FORT WORTH AND DENVER RAILWAY COMPANY DESCRIBED IN THE ATTACHED LICENSE. I. Lavenia Lowe, City Secretary-Treasurer, City of Lubbock, Texas hereby certify that the above and foregoing is a true and correct copy of A RESOLUTION Passed by the City Council June 30, 1964 and of record iia Minute Book 23, Page 257 THIS 2nd DAY OF July g1964` Laveuia Lowe, City Secretary-Treasurer City of Lubbock, Texas • Form 310 Sheet I of 2 .c i CONTRACT FOR PIPE LIRE ACROSS OR ALONG RIGHT OF WAY ..........Ma 6.........................»_THIS AGREEMENT, Made and entered into as of...........».................... May _....»...........__._....._.............».._-», --...-...., between FORT WORTH AND DENVER RAILWAY COMPANY,hereinafter called the"Railway,"and......................................._......._..._...._._ »... ...___»..........................................City...,a£...Lubbock...............................................»..--_-......................_..........»..... .._..»» .._._.._..»»......................... _.. of................................Lubbock......................_.. ....-_..................................State of.---_.:....»- _»-....»Texa5..._......»..»»�_.._» hereinafter called the"Licensee." WITNESSETH: ARTICLE 1: In consideration of_...CtLe...($1-s-0Q)_. Q .. .>~-...-....-...m---m...-... .»M.to be paid by Licensee to Railway immediately upon the execution of this agreement and upon the terms and conditions hereinafter set forth,Railway hereby grants unto Licensee license to enter upon the premises of Railway at apm....Luit Q..; .___...._.. Lubbock County, Texas—crossing under Railways track No. 3 and right of way in an_easterly— westerly direction at Ash .venue and 26th Street and construct and thereafter maintain across or ..... ................................................................ along said premises at the sole expense of Licensee, a_...........TWe].Y-e...............(......12........) inch pipe line to,be used for conveying-.___... .............................wateY__..................................»...................................only, the location of said pipe line being.shown in rgd on the Railway's print S.P. 22-.823 No........................305a.- hereto attached, 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 X=_afeet 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 shall 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 said pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains,cars or busincss of Railway 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 prcmishe, 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 progressem, at tho expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do, Lloommae shall, at the expense of Licensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or removing rald pipe he is being done. 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 Railway's Plan No.X=copy of which shall be attached to, and thereby become a part of,this agreement. 105999D In case Railway shall,after said pipe line has been constructed,build upon its premises any additional track or tracks,or structures,or make any changes 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 the 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 or structures,or as may be required by the Railway. Form 310 Sheet 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 discontinue 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 b: 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 to 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 perfprm any of the covenants herein contained, Railway shall have the right to terminate this license forthwith and without notice. Any notice herein provided for shall be 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, upon being notified so to do by Railway,remove said pipe line from Said premises, and restore the ground to a safe and level condition, and in case of its failure so to do, the Railway may at its option,either remove the said pipe line from said premises at the sole expense of Licensee,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 Railway. 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 first herein written. ATTEST: ___..........._......_......................_............................_............................_........ FORT WORTH AND DENVER RAILWAY COMPANY, Secretary. ATTEST- By..................................Its._..........._.........._.__............. ......._......_.._ _ /R Vice President '�'` it f Lubbock .__ .......................... ...... ......._.._.._.._..._ -`J ..... .Cr-_....Y_..4..... -•-•---- ... ..._....--_._..._._•...._...-• .Licensee. APPROVED AS TO FORM: By...... - .G- ......_........_._...._. .._. .�_ . Its biapor ....__..__........_.............._.......... .... Form Approved Attorney. - Recommended: GJY Attorney �.ss�s�ant �luef P.agineer """""""-""""""'" S lipeririteadeht. _...._.._....__._........ ._...._ ------------------------ 4 Prop. 1211 Wat r Pipe LineIA + I L 0. s..i.,i IA 1 �If- Exhibit 11,111 , Fort Worth and Denver Railway Company Lubbock , rexas ,_„1; :♦ . _,,. Sketch. Showing Lo -0 ton nt Prop. ' '� 1211 Water Pi--� Line For ��.. �s wrest[-�M'Y��:. ' •`' ►o �h n7o - _.-,.:. .:` The City of Lubb+lck Office Asst . (h. Engr . Ft. Wor theTexas -1$* _ or May 5, 19611 Scale: 1t1 = 100' R a. .� is _ •, �' ;, , V �. r + 2-023