HomeMy WebLinkAboutResolution - 050974C - License Agreement - ATSF Railway Company - University Avenue - 05_09_1974o5097y e
RESOLUTION
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 directe
to execute for and on behalf of the City of Lubbock a LICENSE AGREEMENT betwei
City of Lubbock and Atchison, Topeka and Santa Fe Railway Company covering
underground signal cable crossing of railway at University Avenue attached here-
with 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 9th day of May , 1974.
f
E - -
ATTEST:
reva Phillips, City Sec tary-Treasurer
APPROVED AS TO FORM:
c�a'e'� V� . Q-�;' - - - -_
Fred O. Senter, Jr., Ci Attorney
SANTA F E v:tIG1NAl.
Form 1612 Standard
(approved by General Counsel)
r LICENSE ron
CO==NICATION LINE ACROSS OR ALONG RAILWAY rROFEBTT
(Telegraph, Telephone and Similar Unes. Overhead or Underground)
THIS LICENSE, made as of the day of Avri
between THE ATCHISON, TOPEKA. AND SANTA FE RAILWAY COMPANY, a Delaware corporation (here-
inafter called "Santa Fe"), and.C�ITXrCE_:_TaiJE�l�35a�
guni.ciFa1._.aor-Porwt.ion_.�.___
(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_�. Qn� 2d. .+Q%.l�s._.- - .. - - - -.___ -.- —_Dollars
�0------- - ----- -) in hand paid by Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and of the
covenants and agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the same,
Santa Fe Iicenses and permits Licensee to construct, maintain and use a communication line containing a maximum
233.3 feet of underground magnetic
of_ detector ding.--.:-............_. .....:..teens across or along the premises of Santa Fe at or near
. t. . �• ♦ T �l,h li Tt•l�ni.nli i�nrl+ter TCYOC
IIe BI,lL61t32t Ol.�«......r_`-9__._..Y._.._J-..-.__...:.X.Y 1i..YY_..i�trL.i._._..:s:�«.... ......... _ ._..__....«....-...«.......... _--.-
the location of said communication line being more particularly shown in red coloring upon the print hereto attached,
No --- - ---- T 0..P _9396 .----............................ dated..:._....--h lzxa.l. lh}..�.97k-------------.-----------------
marked "Exlu'bit A," and made apart, hereof. For convenience, the said
communication line, with all conductors and their supporting or containing structures, in so far as they relate to
said communication line upon said premises, is hereinafter called the "Communication Line'
2. Licensee shall at Licensee's own cost, construct and at all times maintain the Communication Line in strict
accordance with the �ecifieations, for the time current, for Communication Lines across or along railway property,
adopted by the Telegraph and Telephone Section of the Association of Ameripan Railroads, or any successor agency,
except where by statute or order of competent public authority a different type of construction 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 main-
tenance of the Communication Line shall be subject to the approval of Santa Fe_
3.. 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 combustible material shall
not be attended to within fifteen (15) 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 reimburse Santa Fe for the expense so incurred.
4. During construction and while repairing, renewmg or changing the Communication Line, Licensee shall ex-
ercise 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 Communication 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, maintenance, repair, renewal or changing of the Communication Line.
S. If at any time during the term hereof, Santa Fe shall desire to make any use of its property with which the
Communication Line will in any way interfere, including the relocation of existing or the construction of new lines
of poles, wires, conduits and other facilities in which it shall have an interest, Licensee shall, at Licensee's own cost,
within thirty (30) days after receiving written notice from Santa Fe to such effect, make such changes in the Com-
munication Line as in the judgment of Banta Fe may be necessary to avoid interference with the proposed use of its
property.
8. Santa Fe shall have the right, at its election, itself to construct the Communication 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 estimated by Santa Fe, of such con-
struction, 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, advance 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 of repair, or presence of
the Communication Line upon said premises, including any such loss, damage or expense arising out of (a) loss of or
damage to property (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or
assessments of any fdnd. Upon request of Santa Fe, Licensee shall assume the defense of any suit or action brought
against the Santa Fe alleging any claim for loss or damage hereunder, and shall discharge all liability therefor.
8. Since this license is made in part for the benefit of other companies operating over Santa Fe 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 Santa Fe shall be liable for any damage, howsoever caused, to the Commu-
nication Line, -whether due to negligence or otherwise.
9. If Licensee shall at ��a��n����
any time fail or refuse to comply with or carry out any of the covenants herein contained,
a�i.d iva.0 f.�..:i'.:ii. v% awn l ail....+i��wu.:.iaua. for.�. pvr�oa U. tu:.4,, %/ u.— la"- .�--'��„�.,.w d1 .... d t � 1.
Y VV ii YL& �.....Y4u - .laL1.4 VaiY4�aV.
or compliance shall have been made upon Licensee by Santa Fe, Santa Fe may, at its election, without notice, forth-
with revoke this license, and in case of such election, or upon any termination hereof, Licensee shall, upon request,
forthwith remove the Communication Line and restore said premises to the condition in which they were prior to the
construction of said Communication Line. In case Licensee shall fail to make such removal or restoration within
thirty (30) days, Santa Fe may proceed with such work, and Licensee shall promptly repay to Santa Fe the cost there-
of. No waiver by Santa Fe of any default 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 occur; nor shall any
termination or revocation hereof ,release Licensee from any liability or obligation hereunder, whether of indemnity
or otherwise, resulting from any acts, omissions or events happening prior to the date of termination- or-- such later
date when the Communication Line may be removed and said premises restored as hereinabove provided.
10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system and use the best known
and most effective methods to protect the lines, wires, and service of Santa Fe and of any licensee of Santa Fe whose
permission to use said premises antedates the license and permission herein to Licensee, from interference and physi-
cal 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 Communication 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
or any part thereof, Santa Fe shall not be liable to Licensee for any damage of any nature whatsoever, or to refiind
any moneys paid hereunder.
12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly served if the same "
be deposited in the United States mail, postage prepaid, addressed to Licensee at _... ------ ....____._.__. -__--
P. O. Box bock,.�Texas
Any notice to be given by Licensee to Santa Fe hereunder shall be deemed to be properly served if it be deposited
the United States mail, postage prepaid, addressed to Santa Fe's.
_Polk Street,_ Amarillo,. T exa:,_. 79.1�1 -•-- --- -- -
13. 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_:_-_ one�Il._�
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 aII rights and privileges of
the Licensee thereunder, shall absolutely cease. This license shail terminate in any event immediately upon the death,
of the Licensee, if the sole Licensee is an individual.
15. This Icense shall be binding upon and inure to the benefit of the parties and their respective legal repre-
sentatives, successors and assigns; provided, however, no assignment hereof by Licensee, Licensee's legal representa-
tives, successors or assigns, nor any subsequent assignee, shall be binding upon Santa Fe 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 as-
signment or by any assignment thereof by operation of law.
Ix WrrNi&ss WHzREoF, the parties have executed this license in duplicate as of the day and year first above
written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
APPRODED' As to Descrivtion: By.. _..............................
- - ------------- ---..
Qd e
n= For AST —Engineering..
As to Specifications:
Superintendek bf Communications
s....— .....
-
(Licensee)
EXHIBIT „A„
TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA f E RAILWAY COMPANY
PLAINS DIVISION i%tCTa1rT
AND
^ GGvE.B/�✓G i9�/ l/NOE�F.COd�/O /?�GNET/G OETfCT2�.0 i�//.dE L/•✓G', G.�4tt�✓F
/QT •
«Beoc,� ��BBocc coUNr,' rE,�r,9s .
SCALE: 1 "= /00 D.E.O. AMARILLO, TEXAS NO. 939E
DATED-.f�P�/G /G /97.� IdontifFed • BY r J-
FO.e Division Engineer.
T. T..�Ile.
�w ..�. eo�E.�Ty OF Tis0
"Ov .eY co- lopT
" f7t .2aZ/ COv�T..0 TEX s
.. � � �• CAS G ivE _ X- �.✓,G
M.9/.V/ XWA-. f/T.E.11:f•.eY.. Co. To 3'4Ci91-O406.1 ---�-
TELE.Ii.ciE Co..iT.../o. 87// /U« Q�X -• - - ii��' COr+r No. i-�0397
'ex c0..v,Co�E,e1'y L/,✓E �ow�,� c—„�E _ _'7°�� o-� �� '�'
-. --- ro TE'Xic o
�ESC.e/PT/o.✓: ' �\ �--i2 " wsTE.c c fry
` co,✓r .✓o /376 sr-
.�33. 3 FEE1 OF .? 't�//.PE 10 GAr1GE .61-Ma �c�.COU�✓O
�►1�/c/ET/G �ETECTO.e G/NEB ALG Of A-111/G.rS/
' ,�'NC�SE� /i•./ A �!/C //ZO � SC"HEOd�E �D� �L�9STic
.�//E Con/Ot//T C,�OSS�.�/F dENcr�T/Y 71j'E T.�°'i9C.0 VC S
f.EET C!.olc
.9wli s yam/.✓ s�E.eEQ By .QED C440-0&-X-la
/2 3 Z A