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Home My WebLink AboutResolution - 082671I - Electric Supply Line License - ATSF Railway Company - Monroe Station - 08_26_1971:sw 0VZCQ'7/.=' 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 Electric Supply Line License with Atchison, Topeka and Santa Fe Railway Company near Monroe Station, attached herewith 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 26t1 ATTEST: La nia Lowe, Ci# .-Secretary-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr. Attorney Fa= 9171 Standard SANTA► FE ORIGINAL (dyyroved by General solidtor) LICESSM FO8 Y ACROSS ALON w Y PROPERTY ]CT.ECTRIC SUPPLY LII�iE �Clt OR c3 RAII. L 1(i (Euotrlo Idght� Pamre sumly and Troller Lined. Irrespoctlre of Voltage. Qmrhesd or Underground) TMS LICENSE, made as of the 3rd day of August 0 19-U , betweenTHE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware —corporation (hereinafter called "Santa Fe") and CITY OF LUISOCK, TEXASp A Municipal Corporation (hereinafter whether one party or more called "Licensee"). Witnesseth, that the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. In consideration of the sum of one Hundred Fifty and no/100 - - - - - - - - nollars (� 150.00 ) in hand paid by Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and of the covenants and agreements of Licensee hereinafter set fora:, and of the faithful performance by Licensee of the same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric supply line containing a maximum of two (2) conductors across or along the premises of Santa Fe at or near the station of Monroe, Lubbock County, Texas the kind and gauge of said conductors, the phase, frequency and voltage of the electric circuit carried thereon and the location of said electric supply line being more particularly_ shown upon the print hereto attached, No DEOA-8447 July 16, 1971 marked "Exhibit A", and made a part hereof. For convenience, the said electric supply line, with all conductors and their supporting or containing structures in so far as they relate to said electric supply line upon said premises, is hereinafter called the "Electric Supply Line." 2. Licensee shall, at Licensee's own cost. construct and at all times maintain the Electric Supply Line In strict accordance with the Specifications, for the time current, for Electric Supply Lines across or along Railway Property, adopted by the Electrical Section of the Association of American Railroads, or any successor agency, except where by statute or order of competent public authority a different type of con- struction or a different degree of maintenance is required or permitted, in which case such construction or maintenance shall be in strict accordance with such statute or order; provided however, all materials and workmanship employed in the construction and maintenance of the Electric Supply Line shall be sub. ject to the approval of Santa Fe. S. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles and will at all times keep the space around such poles free of such material, and if removal of such com- bustible material shall not be attended to within fifteen (lb) days after having been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reim- burse Santa Fe for the expense so incurred. 4. During construction and while repairing, renewing or changing the Electric Supply Line, Licensee shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the property of Santa Fe, and that there shall be no interference with the operation of its railroad. Upon completion of the Electric Supply Line or after the making of any changes, repairs or renewals, Licensee shall, at Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay to Santa Fe the entire cost incurred in employing watchmen or such other means of protection as in the judgment of Santa Fe may be required during the construction, main- tenance, repair, renewal or changing of the Electric Supply Line. 6. If at any during the term hereof Santa Fe shall desire to make any use of its property with which the Electric Supply Line will in any way interfere, including the relocation of existing or the con- struction of new lines of poles, wires, conduits and other facilities in which it shall have an interest, Li- censee shall, at Licensee's own within thirty 30) days after receiving written notice from Santa Fe to such effect, make such changes in the Electric Supply Line as in .the judgment. of Santa Fe may be necessary to avoid interference with the proposed use of its property. ;. . 6. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the cost, as esti- mated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Santa Fe in performing such work shall prove more or less than the amount so advanced, the difference shall be promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, ad- vance the necessary moneys to cover such cost and, in that case, Licensee agrees promptly upon demand to pay to Santa Fe all sums so advanced, with interest. 7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies operating over its tracks against, and shall pay in full, all loss, damage or expense that they or any of them, may sustain incur or become liable for, resulting in any manner from the construction, maintenance, use, state R repair, or presence of the Electric Supply Line upon said premises, including any such loss, dam- age or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) me- chanics' or other liens of any character, or (d) taxes or assessments of any kind. S. Since this license is made in part for the benefit of other companies operating over Santa Fe's tracks, any of said companies may sue to enforce the provisions hereof, either jointly or severally, as their interests may be joint or several. None of said companies nor the Santa Fe shall be liable for any damage, howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise. 9. If Licensee shall at any time fail or refuse to comply with or carry out any of the covenants here- in contained, and such failure or refusal shall continue for a period of thirty (80) days after written de- mand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this license, and in case of such election, or upon any termination hereof, Licensee shall, upon request, forthwith remove the Electric Supply Line and restore said premises to the condition in which they were prior to the construction of the Electric Supply Line. In case Licensee shall fail to make such removal or restoration within thirty (30) (lays, Santa Fe may proceed with such work and Licensee shall promptly repay to Santa Fe the cost thereof. No waiver by Santa Fe of any defauli or defaults, or the right to terminate this license, shall be deemed or held to be a waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding such waiver Santa Fe may terminate this license upon any subsequent default or defaults which may oc- cur; nor shall any termination hereof release Licensee from any liability or obligation hereunder, wheth- er of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or such later dAte when the Electric Supply Line may be removed and said premises restored as hereinabove provided. .10. Licensee shall nt all t1meR, at Licensee's own cost., maintain the most oireclavo syRtoln and ua0 the hest known and most eirectivo methods to protect the lines, wires, and service of Snntn F43 and of any licensee of Santa Fo whose permission to use said premises antedates the license and permission herein to Licensee, from interference and physical hazard, and if necessary in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes in the construction or location of the Electric Supply Line as may be specified by Santa Fe. 11. In case of the eviction of Licensee by any one owning or claiming title to or any interest in said premises, ton part thereof, Santa he shallnotbe liable to Licensee for any damage of any nature what- 8oever, or un any moneys p W, FuU er. 12. Any notice to be given by Santa, Fe to Licensee hereunder shall be deemed to be properly served ' If the same be delivered to Licensee or if deposited in the Post Office, postpaid, addressed to Licensee at }" P.O. Box 2000, Lubbock, Texas 79408 18. In the event Licensee herein consists of two or more parties, all the covenants and agreements of Licensee herein contained shall constitute the joint and several covenants and agreements of such parties. ,; ... 14. This license may be terminated by either -party hereto upon aneU ) months' notice `: ; ,., . . in writing to be served upon the other party, stating therein the day of the month that such termination will take place; and upon the expiration of the time specified in such notice this license, and all rights and mprivileges of Licensee thereunder shall absolutelycease. This license shall terminate in any event im- Ucensee, ediately upon the death of the if the sole Licensee is an individual. 15. This license shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns• provided, however, no assignment hereof by Licensee, Licensee's legal representatives, successora or assigns, nor any subsequent assignee, shall be binding upon Santa Fe I ' without the written consent of Santa Fe in each instance, and at the option of Santa Fe this license shall ; be forfeited by any such voluntary assignment or by any assignment thereof by operation of law. 13nA Ix WnwEss WH=OF, the parties have executed this license In dupHeate as of the day and year Srst above written ,THE ATCHISON 0 TOPEKA AND SANTA FE R &TT WAY COMPANY A MOVED: BY -� As to Description: Its Superintendent r �r Chief E=ineer CITY OF LUBBOCK TEXAS $ er�ndent of Coamaunicationa �� Tt s s Ma yT7e�r •wsiirw.�llwY.r�YN.w..r..r.0 M..... .... .... 'e., ... - --...,.. _... .. ,- .. .... \TVA}.wrrw. - . •� .�YM.ti Kwi l7 EXHIBIT. "A" TO CONTRACT BETWEEN THE ATCH18011, TCPEKA AN SANTA EE RAILWAY CC71,1PANY PLAINS DIVISION AZ,,91NV,/. - V DISTRICT AND C/ry o/'= UBBoc,� COIiE,E'/�/G �'O!�✓E,�' L/NE C.005S'/NG MO�c%eOE� .�lJBBOC,� COU/VTr T�-X,gS SCALE: i"=/QD' D.E.O. AMARILLO, TEXAS NO. DATED= IdentiS4d By l�, ' % s ✓ fO.e Division Engineer, . --