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Home My WebLink AboutResolution - 040865F - Pipe Line License - Panhandle & Santa Fe Railway Co - 04_08_1965 ~� MYT: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. M T MORE„ Mayor ATTEST; Laven a Lowe, Cit ecretarywTreasurer APPROVED: V t red O. Senter, Jr., C Attorney R E S O L U T I O N 000- BE IT KNOWN that on this the 8th day of April 19 651 at a regular meeting of the governing body of the City Of Ti ih*)n, ,r there .came on to be coh- sidered the matter of the execution of a license between the said City of _ v,7hhn_ri- s s-g-1+a f and aPr11n z_ and Santa Fe Railway Companyl relating to in said City of Lubbock, Texas .whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Max Tidmore 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 Iin the Minutes of t:he City Commission at the foot of this resolution. STATE OF Texas COUNTY OF Lubbock `. I Lavenia Lowe I City Secretary, do hereby certify that the above and roregoing is a true and correct copy of a resolution passed bT the City Commission of said City in regular session on April 19 65 , as the same appears of record in Book . � page �� Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the Seal of said City' this 8th day of April , 19`• a (SEAL) City Secretary • e Mora 1E:9 Sla�dard � (Appr4w*t.by Gen,"al Widlor) i PIPE L NE 11CNTSE THIS LICENSE, Made this 11 th__.__.__da;,' of-- March. , 19.-65—, between --PANH NME AND-.SAiTAANY- a- -Texas -_._____.corporation I.hcreinafter called"Licensor").party of the first part, and CITY ()F a mini . pal (hereinafter,whether one or more,called "Li(!ensee"),party of the second part. WITNESSETH.That the parties hereto foi 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-, n ad?� inches in diameter (hereinaf ter, whether one or more pipe lines, called the "PIPE LINE"),across or along the right of way of 1Ac ansor at or near the station of my,, Texas; ___the met location of the PIPE LINE being more particularly shown by red coloring upon the print hereto avtaahed, No.-_ZS?_5_.___ , dated March A- 196 marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE sole ,for carrying sewage and shall not use it to carry any other'commod;ty or for any other purpose whatsoever. S. Licensee shall pay Licensor as compen.iation for this license the sum of One and No/100ths -ors—($1.On)- 4. Licensee shall, at its own cost and subj act to the supervision and control of Licensor's chief en- gineer,locate,construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor,or the safe operation of HE 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 plans F nd specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. 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 th � safe operation of its railroad,and in such event Licensee agrees to pay, within fifteen (15) days after 1 gill 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 d,mage occasioned thereby. 5. Licensee shall reimburse Licensor for uny expense incurred by Licensor for false work to sup- port Licensor's tracks and for flagman to protc ct 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 ar.d save harmless Licensor against and pay in full all loss, damage or expense that Licensor may eustain, incur wx become liable for, resulting in any manner from the construction, maintenance, use, state of repf.ir, or iresence 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 chanicter, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or ref use to comply with or carry out any of the covenants here- in contained Licensor may at its election forte with revoke this license. 8. THIS LICENSE is given by Licensor s nd accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days'notice in writing to be served upon the other party, stating therein the date tl-at such termination shall take place, and that upon the termination of this license in this or any other n anner herein provided, Licensee, upon demand of Licen- sor, shall abandon the use of the PIPE LIFT; a id remove the same and restore the right of way and tracks of Licensor to the same condition in Vaic n they were prior to the placing of the PIPE LINE there- under. In case Licensee shall fail to restore Lirei sor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor m<:,y )roceeo with such work at the expense of Licensee. No termination hereof shall release Licensee from tiny lial-ility or obligation hereunder, whether of indem- nity or otherwise, resulting from any acts, ami.signs (,r events happening prior to the date the PIPE LINE is removed and the right of way and true;. of Licensor restored as above provided. 9. In the case of the eviction of Licensee b 7 anyo,ie owning or obtaining title to the premises on which the PIPE LINE is located, or the sae or : bandwimeat by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of ary .iature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate Tart of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by I leensor to Licensee shall be deemed to be properly served if it be deposited in the United States mail, pcstage prepaid, addressed to Licensee at _Lubbock, Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, pcstage prepaid, addressed to Licensor's Divisim-supEsitLtQnsient ............................................_._.... 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 th a joint said several covenants and agreements of such parties. 12. All the covenants and provisions of thi; instrument shall be binding upon and inure to the bene- fit of the successors,legal representatives and aF signs of the parties to the same extent and effect as the same are binding upon and inure to the benefit,)f the parties hereto,but no assignment hereof by Licen- see,its successors, legal representatives or assig.s, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licenser in each instance. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. PANHANDLE Al p S&TA F-E RAILWAY_COMPANY, (Licensor) Approved as to Description: Itr;Ass't.tci:�V i ce pro$ rpn'1.Mgr. Chief Engineer. cm U_L.11_UBX_K Iis_ ��nr fo rov City Attorney (Licensee) � C E(H131T "A" TO CON—RACT BETWEEN F�►gs:t-,►��ai.� 1 ,:. ;6 A r :. S.4 �.k! G� � �64M SL4TON DIVISION PLAINVIEIV DISTRICT AND CITY 07 LUBBOCK Covering a anni-•a►^y sever line crossing at LUBBOCK ,LUBBOCK CO'J,'%'TY ,TEXAS SCALE: 1"=100' D.E.O. 51.a++on , texas NO. 7875 DATED, March 3 , 1965 a a/ � 6��/ lden'ified By Gl/ SURVEY 3 For DheisIon Englneer BLACK O E.L.4-RR.R.R. Ikrt q +he prop erfy oP the P. �3.F Ryy Co. of Lubbock,Lubbock Coun ,T¢xzss . +rack no.160 W 4 o to Slaton —to DeFot � TS'_�t Ldr iKe track no. P 674+ 'M—t dr Main Track P.t S.F. Ri.Co. comm.line 0 -- -- r• jc C01t 2322 y beck na 49� , Lirt� track-no. NO2PERTY :tat ion Match Mark Parcels number 74 9 VII 1179 SURVEY ICd �/'6 x 32 Li J BLOCK O w �'2Q T.N N.G.R.R. N track na 3 .6 w * � Q S DF�CRIDTION: N 9 • cYi I50t Tee+a� 2.4e-Inch Cass 250 cast iron sever plppe Parcel numbcra 1,2,647 encased in a 364-inc.h 12 gage corrugated mefal grouf- Ord.1268- Gont 252Z G�irk.99 lined casing —1022?eet in one locattom ?.A� eel• In &Irk.87 another location ,a id 28 t�ect in a third locafi ion—all o; V`� -&trk.30 which passes 5a;er,.t below +he bases OP the rails o; �Ve S 32 a tracks , a9 shown hereon in red coloririq Hall r W&W 65W 65 16 002