HomeMy WebLinkAboutResolution - 092266D - Contract - Fort Worth & Denver Railway Company - Pipe Line Along Right Of Way - 09_22_1966 D 1p RESOLUTION
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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 Contract
for Pipe Line across or along Right of Way with.Fort Worth and Denver
Railway Company, attached herewith which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 22nd clay of September 1966.
W.D. ROGER , Ma
ATTE
if
Lav j.ia Lowe, City Secretary-Treasurer
APP VED;,. _...
f
Fred 0.� Senter, Jr , O y Attorney
- Form 310 street 1 of 2
.r ! CONTRACT FOR PIPE LINE
",ACROSS OR ALONG RIGHT OF WAY •
August '22nd 66
THIS AGREEMENT,Made and entered into as of---.. _ ...««. ,.:..._._...:........r.;:....,.....:.,.19« _«,
between FORT WORTH AND DENVER RAILWAY OOMPANY,hereinafter called the Mailwayt't and.:a'»: - '
1 , S j 'i J ? !• + ,':, ,t.lY d. ..'.1^.,' l.^ N. . ti• ., } t,•[, i .«.• t, ,
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,.tie'•. _ ....»«. r .�i . r,t. .T�.....
of................. ..r.tu b.O..Ck c <ti -} ; y?t._..state
hereinafter called the Incense �,i' r „ , r
I &, -.•. i••t •* ..•.rm r..t .t. �a i r111c[ ;,Je#} Dict:.t.,r ire#i.r t,ift'.`Ci.'r.rt .. i! +.•tt-;�•..#r.�.':'s
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WITNESSETH., t•. ,
Ai&Trcuc 1: In consideration of One ) Dollar initial and only 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 cmw=Lubbock,Lubbock
County, Texas—Sewer line crosses under Railwayte main track, yard tracksl industry tracks
and.200.1....right...of__stray... ..................and construct and thereafter maintain across or
along the east side of Elm Street at Railway's HP L 359e2
along said premises at the sole expense of Licensee, a.TTTTTAtwee-ly.0............._...(.....12.........)inch pipe line to be used for conveying.____.---_
.....-.__._...............sanitary sewage......._._... ..«.««.....«_.«.__.............._..«...............................only, the location of said pipe line being shown in red on the Railways print
hed No!SP.. " 2.1,���"?hereto attac «_
t _.........._..................«..«..«......_...... «.._.._...... T».......... 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 fi w4Q 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(8)feet below the surface of the ground at any point on Railways 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.
Ait=La,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 business 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 premisbs.
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 acid work as it progresses,at the
expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do,Licensee shall,at the
expense of Licensee,support the said track or tracks, as directed by Railway, while the work of constructing,maintaining or removing Said pipe line
is being done.
forty—five _(45)
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
tr"*ty-fw*-426) 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.-699eS,'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&aid pipe line$a
may be necessary to make the same conform in Its relation to acid 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
'`ART1c1.E Coln 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
y ,shall discontinue operation of and remove said grounding system,or take such steps as maybe 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.
AwricLz 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 thegrade 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 leas 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 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
lino 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
re ive 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 wit}iout the written consent of Railway. The Bald license shall le.binding upon the
heirs,personal representatives,successors and assigns of the parties hereto.'
. ... oX
at _
Ix WrrNEss Wummor,the parties hereto have caused this agreement to be executed on the day and year first herein written.
ATTEST:
.».»...:.. _ .. FORT WORTR AND DENVER RAILWAY COMPANY,
Beelretary. ^'
ATTEST: k u ._ ». Its 'Vice' President
.___....._............................................_.._....»». .:.... ...... City of.Lubbock..,.._.. »... .....»...» .._..»»»».
o Y .Licensee.
APPROVED AS TO FORM: ,
B
its
Appr
t Attorney. r?
Recommended: -VAG . -
-:+:=�. t
............... ................. ....dr, Attortry Q
.............
Asst.�Chief Engineer Asst.... . ce.. President and Gen* Hgro
_ .»_...... _..
Superintendent »�. ._.._.. ..» »..».._....__. _.. _.._... ._._.. »_.._