HomeMy WebLinkAboutResolution - 5649 - License Agreement - WT&L RR Company Inc - Electrical Line Across RW - 10_09_1997RESOLUTION NO. 5649
Item #17
October 9, 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 an electrical 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 6.19 ± in the SE 1/4 of Section 37,
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 9th day of October 1997.
ATTEST:
164�u &"
kayto Darnell, City Secre
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wa Agent
APPROVED AS TO FORM:
4��a k&iii;v -
Darold Willard, Assistant City Attorney
ew:dk%.,d-1ELCTR0W.RES
scpt mbc 22, 1997
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 999013 near 45th Street Railroad Milepost
6.19 in SE 1/4 of Sec 37, 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:
Leisa Hutcheson
Risk Manager
JCR:da
October 22. 1997
Agenda Item #29
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 deters 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 stat•aent 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 Stataknt of Coverage Liability
Self Insurance Pro9raim 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 Awnded, Resolution
No. 2481 shall rouln in full force and effect.
Passed by the City Council this 22nd day of October , 1987.
A
Rvwtt&Uydo City UVOMUT
APPROVED AS TO CONTENT:
Itotort plasse"Jaler Assistant
City Manager for Financial SerA ces
APPROVED AS
f� M47
f Rose, r., y Attorney
RESOLUTION NO. 5649
Item #17
October 9, 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 an electrical 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 6.19 ± in the SE 1/4 of Section 37,
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 9th day of Ortoher 1997.
$ITYO—N, MAYOR
ATTEST:
161:4u "
kayt Darnell, City Secre
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wa Agent
APPROVED AS TO FORM:
gaa ka-�a -
MAW Willard, Assistant City Attomey
HW W Woa\P1.CI OWAES
sib• 22,1997
RESOLUTION NO. 5649
WTLR Occulwncy License No. W rLR -CR 999013 Item # 17
Pagel October 9, 1997
OCCUPANCY LICENSE AGREEMENT
This Agreement made this J51h day of September" 1927 by and between West Texas and Lubbock
Railroad Company. Inc. , whose address is 211 South 6th Street. Brownfield, TX 79316 its
successors, assigns or affiliated companies, hereinafter collectively referred to as GRANTOR; and Tht
CiJy or Lubbock. Texas whose address is P.O. Box 2000, Lubbock TX 79457, Telephone
806-767-2352 . its successors, or assigns, hereinafter 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. (x ) above ground( below ground
B. ( ) water pipeline ( ) drain ( x ) wire line () communications line
( ) private 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 grant,
in, under, upon, over or across railroad property located at 45th Street, Seagraves Subdivision Railroad
Mile Post 6.19 ± in SE 114 of Sec 37. Blk AK at or near Lubbock, County of Lubbock • State
of Texas.
SAID OCCUPANCY to be located at or near Railroad Valuation Station 326+71.2 +_ and described as
follows:
Seven wire, 120 volt, single phase electric line crossing , each wire consisting of 3 copper 12 AWG
conductors no less than 25 feet above the top of the highest rail, 60 foot span between poles over
railroad track and right of way, as shown on engineering drawing 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 Three hundred and fifty and
no/] 00 dollars ($350 00) to GRANTOR along with a first year agreement processing fee of Two hundred
and no/100 dollars ($200.00). Railroad reserves the right to change rental rates at anytime 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 M 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
approval shall not be unreasonably withheld.
4. GRANTEE shall reimburse GRANTOR for any expense incurred in protecting its tracks and/or other
facilities during the construction, use and maintenance of the Facilities covered by this Agreement.
5. GRANTOR shall not be responsible for any damage to GRANTEE'S Facilities before, during or after
construction.
6. All construction or maintenance work 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
WTLR Occupancy License No. WTl,R -CR 999013
page 2
supervision of GRANTOR or its authorized representative. Provided, however, prior to any work being
done, Contractor shall first procure a Contractor Occupancy Permit from GRANTOR.
7. Before constructing said Facilities, GRANTEE shall, at its sole cost and expense, obtain all 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 specifications
submitted to GRANTOR prior to the commencement of any construction or use.
S. 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 shall 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. (a) 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.
(b) The parties acknowledge that the use of Licensor's premises is for the sole convenience of Licensee
and that Licensor shall have no duty to Licensee, its officers, employees, agents or contractors, to provide a
reasonably safe place in which to work, to provide adequate or safe methods and equipment for their work
or to inspect or maintain Licensee's facilities for said safe methods and work equipment nor to give any
notices or warnings to Licensee's employees, business invitees regarding safety either of Licensee's facilities
and related workplace or Licensor's proximate railroad operations and that all such duties shall be assumed
by Licensee who further agrees to defend and hold harmless, Licensor from any and all claims for any
failure to perform said duties.
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 ($2 000 000.00) liability and a policy of Railroad Protective Liability
Insurance in the amount of Two million and no/100 dollars ($2000.000 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 to this License
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 borne by GRANTEE.
WTLR Occupancy License No. WTLR -CR 999013
page 3
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, construction, location,
changing, alteration, relocation, operation or renewal of said Facilities, within thirty (30) days after receipt of
GRANTOR'S invoice for payment.
15. In the event GRANTEE shall at any time desire to make changes in the physical or operational
characteristics of said Crossing, it shall first secure in writing, the consent and approval of GRANTOR.
GRANTEE agrees that such changes shall be made at its sole risk, cost and expense and subject to all the
terms, covenants, conditions and limitation of this License Agreement.
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.
18. Execution of this Agreement shall supersede and/or cancel, as of the date first above written, any and
all 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 9th day
of October 19 97 .
WITNESS GRANTOR
Nest Texas and Lubbock Railroad Company, Inc.
Bonnie J. Per
Aiiminictratiye Aecictant
by: Ralph Iden
its:A$sistant Vice President
Signed: r�
WITNESS ATTEST: GRANTEE
City of Lubbock, Texas
1"IL
by: WINDY SIT ON .
Kay h e Darnell
its: R
Signed:
APPROVED AS TO CONTENT:
Ed Bucy, Right —of —Way Agent
APPROVED AS TO FORM:
M''old Willard, Assistant it Attorney
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EXHIBIT A WTLR-CR-999013
3
'�36 City of Lubbock, TX
FROM : CITY OF LUBBOCK ST/DR ENG.M PHONE NO. : Aug. 04 1997 01:17PPI F2
Me No.
APPLICATION FOR MIRE LANE CROSSING
Date: July 8 . 19 97
WEST TEXAS AMID LUBBOCK aAILROAD CO., IFC.
211 SOUTH 6th Street
BROWNFIELD, TEXAS 79316
Dear Sirs
We swdt for your approvai, In duplicate, the following
specirications for a wire line we propose to Wild strOss The Atchison, Topeka
ano Santa FS Railway OxWwV right-of-way, as shown on enclosed drawing.
LEgsi name of caepany or municipality who will own the wire line
City of Lubbock
tote Inincorporated Texas
It not incorporated, correct name o owners or an pa s:
Telephone (AC 806) 76 -
Location or crossing _ 1 a, Sec ,3Z,_, Ttho
Nwe of nearest town on ATLR Lmbb
Name of nearest public roadway cross t
crossing within limits of public road or street - yes D
Kind of crossing: Electric x Telephone other
No. of wires 7 , Volts 120 , use—Wls slDer
Sizes h kinds of wires co r
Length of crossing span 60` Adjacent spans t.rts
Appurtenerces on Ay. Co. l�'Opertyy vir
Mire clearance over or - under top or raLL
If, under tradcsize i kind of conduit
Mire clearance over Ry. 00. wire 1' rt.
AttactW to this sheet is location plan and pole head diagram.
Please authorize us to proceed with construction of, this Crossing as proposed
or advise what changes are necessary to sleet your spe
c
ification
s.
Signed:�j
Titles Ed Buc T�
Rish—ax eepnt
Telephone --(%C806 )767.-23�2
9M
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FROM CITY OF LUBBOCK ST/DR ENG.M PRXIE NC
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04 1997
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FROM CITY OF LUBBOCK ST/DR ENG.M PHONE NO.
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