HomeMy WebLinkAboutResolution - 091274C - Powerline Crossing Contract - ATSF Railway Company - Track 269 - 09_12_1974i
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RESOLUTION
E 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
o execute for and on behalf of the City of Lubbock a POWERLINE CROSSING CON-
TRACT and/or LICENSE AGREEMENT to be entered into by and between the City
f Lubbock (as Licensee) and The Atchison, Topeka and Santa Fe Railway Company
(as Licensor) for a crossing over Track 269 Chaining Station 38 plus 15. 0 of said
Railway, attached herewith which shall be spread upon the minutes of the Council
nd as spread upon the minutes of this Council shall constitute and be a part of this
esolution as if fully copied herein in detail.
sed by the City Council this 12th day of September , 1974.
TTEST:
s,
PROVED AS TO FORM:
tary-Treasurer
Attorney
I&S
ROY BASS, MAYOR
SANTA FE ORIGINAL
For 2171 Standard
(Approved by den&ml solicitor)
LiCENUE FOR
1 ZJ=rRIC 907MY LISiE ACROSS OR AL WO RAILWAY PBOPE=
Mactrlo Ltsht, Power Supply and Trolley Linea, Irrespective of VotMm Overhead or Aaderz7ound)
THIS LICENSE, made as of the 9th _day of August t 14_14,
between THE ATCHISON, TOPE-KA AND SANTA FE _RAILWAY COMPANY.
A Delaware corporation (hereinafter tailed "Santa Fe") and
TEE CITY OF 1,UBBOCK
A Municipal Corporation
(hereinafter whether one party or more called "Licensee").
Witnesset6, that the parties hereto for the considerations hereinafter expressed covenant and agree as
follows
1. Inconsideration of the sum ofe Hun_dred Fifty and No/100ths - - - - - "Dollars
($ 150 M ) 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 licenses and permits Licensee to construct, maintain and use an electric
supply line containing a maximum of 20 fe + of f—r- (4) .conductors across or along the
premises of Santa Fe at or near the station of____ Txlhhoc 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.__lMA - 9543 _
dated ---July 29, 1974
_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
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 com-
bustible 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 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.
5. If at any time 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, IA-
censee 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 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 bq Santa
Fe in performing such work ahall 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, ed-
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 of repair, or presence of the Electric Supply Line upon said premises, including any such lose, 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.
8. 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 an of the covenants here-
in contained, and such failure or refusal shall continue for a period of thirty (W 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) days Santa Fe may
proceed with such work and Licensee shall promptly repay to Santa Fe the cost thereoY. 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 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 hereinmbove 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 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 bo 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 what-
soever, or to refund 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 delivered to Licensee or if deposited in the Post Office, postpaid, addressed to Licensee at
916 Texas Avenue P. 0. Box 2000 Iubbock, Texas 79457^_
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 maybe terminated by either party hereto upon Ong _L)-_ 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
privileges of Licensee thereunder, shall absolutely cease. This license shall terminate in any event im-
mediately upon the death of the Licensee, if the sole Licensee is an individual.
16. 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, auccessors 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 assignment or by any assignment thereof by operation of law.
IN WmEm Wumwr, the parties have executed this license in duplicate as of the day and year first
above written.
THE ATCHI.SON., TOPFKA AND SANTA FE RAMWAY COMPANY
;r
APPROVED: By As to Description:
Its_ Superintendent _
For AGM Ertgineering�efj%JMW.
As to Specifications: THE CITY OF IBBBOCK
SuperizA&MU of Communications ROY EASS
Its: MAYOR
A roved as to form: — (Idcen3ee)
Fred O. Senter. Jr., City Atto Y
EXHIBIT "A"
TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
PLAINS DIVISION . /C' sf DISTRICT
AND
C/Ty,OF Ll/BBOC.�
GOIiE�/.�/G A -oA✓E'e L/.✓E" C,eOSS/A/G
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Ll/BBOC.� L!/B80C,� co�/c/ry rE,l'�s _
SCALE: 1 "=,700 ' D.E.O. AMARILLO, TEXAS NO. 9S¢ 3
DATED: elae, ,791
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Identified . By
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S�EG/f/C�'T/On/s /rii✓Q SHd! /i✓ fib«D.� �% �'E�
COGO.�'/i✓F . / '
Fc� Division Engineer.
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