HomeMy WebLinkAboutResolution - 5579 - License Agreement - Lubbock RR Company Inc - Water Line Across Railway Property - 08_14_1997RESOLUTION NO.5579
Item #23
August 14, 1997
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 License Agreement for a water line across
railway property by and between the City of Lubbock and the West Texas and Lubbock Railroad
Company, Inc. to be constructed, owned, operated and maintained by said City of Lubbock across
said Railroad's right-of-way at mile post 3.07 in the SE 1/4 of Section 41, Block AK, Lubbock
County, Texas, attached hereto and which shall be spread upon the minutes of the Council and as
spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 14th day of August 1997.
ATTEST:
Kayt ' arnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Xgent
APPROVED AS TO FORM:
rol�a Y-��
ard, Assistant City Attorney
nwigs. \Wr&r.xco.REs
June 24, 1997
RESOLUTION NO.5579
Vn.R OccuMrry I icense No. W LR -CR,999ODg Item # 23
page t August 14, 1997
OCCUPANCY .l NC . AGREEMENT
This Agreement made this 24th day of May, 1991 by and between West Texas and Lubbock Railroad
Company. Inc.. whose address is 211 Soutth 6th Street. Brownfield, TX 79316_ its successors, assigns
or affiliated companies, hereinafter collectively referred to as GRANTOR, and They of Lubbock.
Texas whose address is P.O. Box 2000. Lubbock TX 79457, Telephone $06-767-M52 its successors,
or assigns, bereinafter collectively referred to as GRANTEE.
For valuable consideration as outlined herein, the receipt of which is hereby acknowledged, Grantor hereby
conveys to Grantee an OCCUPANCY license to construct, reconstruct, maintain, operate or remove
facilities upon, along or across GRANTOR'S Right of Way as indicated below:
A. () above ground ( x ) below ground
B. ( x ) water pipeline ( ) drain ( ) wire line () communications line
( ) private logging road crossing
including necessary appurtenances and other related fixtures, equipment, marker posts, electric power,
which may from time to time be required, with the right of ingress and egress for the purposes of this gram,
in, under, upon, over or across railroad property located at or near Alcove Avenue, Railroad Mile Post
LQL ± in SE IN of Sec 41. Blk AK at or near Lubbock, County of Lubbock State of Texas.
SAID OCCUPANCY to be located at or near Railroad Valuation Station 162+40 + and described as
follows:
One Tweleve - inch (12.0" ) SDR 18 P.V.C. Potable Water line 80 PST working pressure, encased in one
eighteen -inch (18.0" ) low carbon steel casing with a wall thickness of 0.375 inches, 169 feet in length,
bored a minimum of 54 inches below surface grade beneath GRANTOR's railroad track as shown and
described in the summary and engineering drawings labeled "Licensee's Exhibit A" attach hereto and made
a part hereof.
GRANTEE, after completion of construction or termination of OCCUPANCY, at its sole cost, hereby
agrees to restore in a good and workman like manner all property disturbed by Grantee's use or
construction or maintenance activities from the date of execution; of this document. Said restoration shall
include, but not be limited to, any and all harm , damage or injury done to GRANTOR'S property and/or to
any other Public or Private property by acts or occurrences subject to Federal, State or local environmental
enforcement or regulatory jurisdiction, and shall include necessary and appropriate testing and cleanup.
THE UNDERSIGNED FURTHER AGREE the continuation of the OCCUPANCY AND USE herein shall
be subject to the following conditions_ the default upon same could cause GRANTOR, its successors or
assigns, to terminate this License Agreement and to order the removal of GRANTEE'S use and facilities.
The conditions are as follows:
1. Said License is granted contingent upon payment of an annual fee of One hundred and fifty and no/100
dollars ($150.00) to GRANTOR, along with a first year agreement processing fee of Two hundred and
tio/100 dollars ($200.00)_ Railroad reserves the right to change rental rates at any time during the life of this
agreement as conditions warrant. Billing or acceptance by Railroad of any rental shall not imply a definite
term or otherwise restrict either party from canceling this Agreement as herein provided.
2. in the event that the = as set forth above is terminated or the structure(s) removed, this License shall
terminate.
3. This License may not be transferred or assigned without prior written approval of GRANTOR, said
„pproval shall not be unreasonably withheld.
4. GRANTEE shall reimburse GRANTOR for any expense incurred in protecting its ttack3 >} aivr dther
facilities during the construction, use and maintenance of the Facilities covered by this Agreeii f f.
5. GRANTOR shall not be responsible for any damage to GRANTEE'S Facilities before, during or after
construction unless caused by the sole neglect of GRANTOR'S agents, servants or employees.
Wit.R Oceigmncy Lieam No. WILR!'R99 M
petm 2
6. All construction of maintenance worts on GRANTOR'S property shall be performed by GRANTOR, or
a contractor approved by GRANTOR and, if performed by an approved contractor, shall be done under the
supervision of GRANTOR or its authorised representative.
7. Before constructing said Facilities, GRANTEE shall, at its sole cost and expense, obtain ail necessary
authority there for from any public authorities having jurisdiction in the premises, and shall thereafter
observe and comply with the requirements of such public authority or authorities and all applicable laws and
regulations. GRANTEE shall secure written approval by GRANTOR of plans and/or spedfications
submitted to GRANTOR prior to the commencement of any construction or use.
8. When construction or maintenance is to be done by a GRANTOR approved contractor, GRANTEE
shall give no less than 72 hours written notice to GRANTOR'S Executive Officer at the Watson Siding
Operations Center, or at such other location as GRANTOR may designate from time to time, before the c
construction or installation work shall be commenced by said approved contractor. GRANTEE shall give
like notice, except in emergency cases, before any maintenance, renewal, relocation, alteration, changing and
removal is performed; provided, however, that all such work shalt be done at such time or times and in
such manner as shall be satisfactory to GRANTOR'S Executive Officer or his designated representative.
9. The aforesaid Facilities shall be installed at the sole risk, cost and expense of GRANTEE, in
accordance with American Railway Engineering Association Specifications or other Industry Standard
Specifications as may apply or be appropriate for the use intended. Said specifications are incorporated
herein and made a part hereof by reference. Approval of plans or completed work by GRANTOR'S
designated representative shall not, in itself, be considered acknowledgment that said project is in conformity
with said standards.
10. GRANTEE hereby agrees to indemnify, save and hold harmless and defend GRANTOR , AND
RAiLAMERICA, INC., from any and all actions at law, or otherwise, by GRANTEE or any other party to
recover actual or punitive damages for death, bodily injury, personal injury or property damage which may
result directly or indirectly from GRANTEE's construction project or subsequent use and occupancy of
GRANTOR's property by GRANTEE, its permittees, invitees or any other person.
11. GRANTEE shall name GRANTOR, and RAILAMERICA, INC., as additional insureds for all risks,
(including, if applicable, fire and explosion due to GRANTEE'S pipeline crossing(s), in an amount not less
than Two million and no/100 dollars (S2.000.000.001 liability and a policy of Railroad Protective Liability
insurance in the amount of Two million and no/100 dollars (S2.000.000.00). Each policy shall be endorsed
to provide a minimum of 10 days advance notice of cancellation to said additional insureds. GRANTEE
shall furnish a certified policy of insurance prior to the construction period. Said coverage shall remain in
force for the duration of this Licensed Occupancy. Provided, however, GRANTOR may require increases
in liability coverage to equal or exceed GRANTOR'S own level of Liability coverage, having regard for the
circumstances. GRANTOR shall further have the right to approve the Carrier furnishing such coverage.
Evidence satisfactory to GRANTOR'S General Counsel of GRANTEE'S authorized self insurance
program capable of providing for such limits, will be accepted in lieu of a policy from a commercial carrier.
This CLAUSE shall not serve in any way to limit GRANTEE's liability to the amounts of insurance
required.
12. GRANTEE at its sole cost and expense, shall, upon completion of the construction and installation of
said Facilities, furnish GRANTOR with a survey drawing, showing the final exact location of said
Occupancies as constructed and indicating the Railroad survey valuation station which said installation is
located, and/or the position of the installation in relation to the center line of the track and/or the centerline
of the closest public street crossing said tracks. Said survey drawing to be attached td this Lcecensee
Agreement as Licensee's Exhibit "B" and made a part hereof.
13. Said Facilities shall be installed to the satisfaction and approval of GRANTOR'S Engineer and all
costs of GRANTOR'S Engineer and other technicians or professional consultants as may be required
from time to time shall be home by GRANTEE. a'' r'
14. GRANTEE hereby agrees to reimburse GRANTOR for any and all expenses GRANTOR may incur
or be subjected to, or in consequence of, the planning, negotiation, installation, constriuction, IN2tion,.
changing, alteration; relocation, operation or renewal of said Facilities, within thirty (30) dais titer receipt of
GRANTOR'S invoice for payment.
15. in the event GRANTEE shall at any time desire to snake changes in the physical or operational
characteristics of said Crossing, it shall first secure in writing, the consent and approval"bf GRAWOR"
GRANTEE agrees that such changes shall be made at its sole risk, cost and expense and'3u4ect to all thb
terms, covenants, conditions and limitation of this License Agreement.
. •l.
WTt.R 0="TKT [.Xeres No. wnR cR 99%M
PaF3
16. No other use shall be made by anyone under, across, upon and/or over the occupancy herein
described, without obtaining the prior written permission of GRANTEE, its successors or assigns, except,
GRANTOR shall have access as it deems appropriate from time to time.
17. Upon termination of this License for any reason, all structures and alterations shall be removed from
GRANTOR'S property and said property shall be returned to a physically and environmentally whole
condition to the satisfaction of GRANTOR'S designated Officer or Representative, all at the sole cost and
expense of GRANTEE. This clause shall survive termination of this Agreement.
I B. Execution of this Agreement shall supersede and/or cancel, as of the date first above written, any and
an previous agreements, if any, related to the Occupancy and Use herein described, which may exist
between the parties or their predecessors.
THIS AGREEMENT IS hereby declared to be binding upon the parties hereto.
IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seals this day
of 19
WITNESS GRANTOR
West Texas and Lubbock Railroad Company, Inc.
by.
its:
Signed:
WITNESS ATTEST: GRANTEE
City of Lubbock, Texas
by: WINDY TON
1Cayt a Darnell
Citv ecretary its: 2'InY .1/�Zl
Signed
APPROVED AS TO CONTENT:
/lam`
Ed Bucy, Right -of- y Agent
APPROVED AS TO FORM:
ifaitold Willard, Assistant tity Attorney
Uaoe: 12-16 19 96
APPLICATION FOR PIPE LINE CROSSING
Licensee's Exhibit A
WTLR-CR-999008 Pipeline Crossing
City of Lubbock - May 20, 1997
3 nages -pipeline in green
Dear Sir:
We submit for your approval the following specifications for a pipe line via propose to build across
The Atchison, Topeka and Santa Fe Railway Company right-of-way. as shown at enclosed sketch.
Legal name of company or municipality who will own the pkpekine City of Lubbock
State in which incorporated Texas - If not Incorporated. correct name of owners or all partners:
Correct mailing address Uity of Lubbock Y.O. Box 2000 Lubbock (ZIPS IV4.j/
-Tekpbonhe [ 8061 767-2352
Loc4tion of proposed crossing sE 114, Sec 41 . Twr p- AR - . Rng
Name of nearest town on Sure Fe Lubbock BLR
Name of nearest roadway crossing Sane Be Alcove Avenue
Crossing within limits of public road or mew -Yes xx No
CASING
Conwo to be handled through pipe .................. Potable Water -
Lengih of pipe on Ry. Co. property .................. 168 R 168 ft.
(Plastic pipe must be encased full width of right-of-way)
Inside diattteter of pipe .......................... 12 hL 18 jn
Splylaterjaj SDR-18 PVC Low Carbon Steel
ecification do grade (Min. yield�strength eating 35.000 psi.) . .
Wall Thickness . , ..733 bL .375 In.
(Min, wall thickness of casing pipe under 14 hL-0.219 K E-8S Loading)
Actual Type of joint Pressure �0
(mechanical or welded type) ............. Ball asaigoc Welded
Longitudinal Joint Factor ........................ N/A N A
Coating N
. N/A A
Distance Base of rall to top of pipe 6 5 i 2
(Flammable, contents, steam, water or non-flamnhabk - train. 5 112 ft. under main track.)
(Under secondary tracks - 4 1/2 fL) 4 1/2' 4'
Minimum ground cover on Ry. Co. property (min. 3 ft.) .....
Cathodic protection casing-(Aammible substance)
Type of insulators or supports NONE sits .. .... Space
Number of vents NONE Size Height above ground
(Flammable substances require 2 vents) .
Method of crossing: Dry Boring xx lacking Trench
(if trenched - Railroad furnish flagman at applicant's expense.)
(if bored or jacked - Jacking Pit location minimum 25 ft. from centerline of nearest track.)
Does pipeline support oil or gas well? - Yes No xx If yes. advise distance
the well is from ATSF property - ft. Name of well
Attached to this sheer is location plan and detail sketch. Give tie -down measurement to centerline
of nearest road crossing, bridge or other railroad structure. Please authorize us to proceed with this
installation or advise what changes are necessary to meet your specifications..
Signed: Ed BucY l r� _>'<-t`5�,. •a`
Title: Right -of -Way Agent -•-+
Telephone: (806 1 7 7-23 2
9?3%1
MENIP17
CERTIFICATE OF INSURANCE
The undersigned officer of the City of Lubbock, Texas, a Texas Home Rule
Municipal Corporation, hereby certifies that the City of Lubbock is self -insured in
accordance with the laws of the State of Texas and that the self-insurance is
sufficient to satisfy the insurance requirements imposed on the City of Lubbock, as
agreed to under license no. WTLR-CR 999008 near Alcove Avenue Railroad
Milepost 3.07 in SE 1/4 of Sec 41, Blk AK, Lubbock County, by and between the
City of Lubbock and West Texas and Lubbock Railroad Company, Inc., regarding
a license to the City of Lubbock upon the property of the West Texas and Lubbock
Railroad Company, Inc.
Date: g,
Leisa Hutcheson
Risk Manager
JCR :da
October 22, 1997
Agenda Ito+ 029
RESOLUTION
A RESOLUTION AMENDING RESOLUTION 40. 2481 BY REPEALING SECTION S
THEREOF WHICH ADOPTED SELF INSURANCE COVERAGE FOR THE CITY OF LUBBOCK AS
PROVIDED BY THE TEXAS MUNICIPAL LEAGUE JOINT SELF INSURANCE FUND AND IN ITS
STEAD ADOPTING A NEW STATEMENT OF COVERAGE FOR THE CITY OF LUBBOCK
LIABILITY SELF INSURANCE PROGRAM.
WHEREAS, the City of Lubbock did heretofore by Resolution No. 2481
create the City of Lubbock's Self Insurance Fund; and
WHEREAS, in said Resolution No. 2481 the City of Lubbock did adopt as
its standard coverage a coverage heretofore provided by the Texas Municipal
League Joint Self Insurance Fund; and
WHEREAS, the City of Lubbock deems it to be in the best interest of
the City of Lubbock to repeal the coverage adopted under Resolution No.
2481 and in its stead to substitute a new statement of coverage for the
City of Lubbock Self Insurance Fund; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section S of Resolution No. 2481 adopting the Texas
Municipal league Joint Self Insurance Fund as the coverage document for the
Lubbock Self Insurance Fund is hereby in all things repealed.
SECTION 2. THAT the City of Lubbock Statement of Coverage Liability
Self Insurance Pr"rom attached to this Resolution as Exhibit A and made a
part hereof for all purposes is hereby adopted as the coverage to be
afforded under the City of Lubbock Self Insurance Fund.
SECTION 3. Save and Except as herein repealed or amended, Resolution
No. 2481 shall remain in full force and effect.
Passed by the City Council 'this 22nd day of October , 1"7.
B.C. F4MrN, MAYOR
rAl3r • ••�
•
RanotttJloyd, City SocrGUry
APPROVED AS TO CONTENT:
An-/e— - 4
RoNtS V&Snn"Itf Assistant
City Ranger for Financial Services
AP O. ED AS
c— M
;J-7
Ross,Jr., y orney c