HomeMy WebLinkAboutResolution - 091274J - Transmission Line License Agreement- Fort Worth And Denver Railway Co- Track130 - 09_12_1974it .7wF.
RESOLUTION
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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 Transmission
Line License Agreement to be entered into by and between said City (As Licensee)
and Fort North and Denver Railway Company for a crossing over Industry Track
No. 130 and Tract No. 107 of said Railway Company, 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 I1th day of September a 1974.
ROY IBASS, MAYOR
ATTEST:
t
Z � 12Z
Treva Phillips, CW Secretary -Treasurer
APPROVED AS TO FORM:
Senter, Jr., ,Hy Attorney
ft.km 308;. 500 5-65 ARB
shoot i of 2
ELECTRIC TRANSMISSION LINE LICENSE
24th ....day THIS AGREEMENT, Made this.. „.._.._ ......................................... . _..__...
between....................................FORT......
WORTH AND..DENVER...................... _................................. RAIL... WAY.... COMPANY, hereinafter called the ' ..... ..............._... ......... .............. ...
"COMPANY," party of the first part, and. __.......................... ' ... CI.TY.OF_LUBBOCK.i..._.._.._._
L 115.13 ...CK... C UN.T.Y..-TEXAS.-A...TEX,AS..I�O��..�.U��:.11�[I�.CIS,f����'�'..�..._..._._..._......_. _
............... :............... _.._.... _...._.„......._.........__..._... _....._..__......_...._........_..-...__„...._:......„.__.._._ .„_..__....
hereinafter (�r•hether one ur more persons or corporations) called the "LICENSEE," party of the second part.
Witnesseth: IN CONSIDEMT101i OF.... One ($1.00) _ d. ............................... _.._
to the Company upon execution of this agreement
and of the covenants, promises and agreements of the Licensee hereinafter set forth, and of the faithful performance by the Licensee of the same,
the Company grants to the Licensee, upon the conditions hereinafter set forth, license and permission to construct, maintain and use an electric
transmission line consisting of poles or metal towers supporting ..._.... ... .„ _wires, „_ . 3 ....... _ph,,, 60 . ... .:..cycle, carrying
15 x ............ volts, across or along the right of way or station grounds of the Company at or near the station of„ Lubbock 9 „Lubbock
County,- Texas...„_ .., the location of said transmission line being more particularly described as follows:
Power line crosses over industry track No. 130 and lead track No. 10T in a northerly
southerly direction on the east side of Elm Street between 56th Street and 58th Street
and being shown upon Blue Print No.......................... P. 22-1071�312-;r. .hereto attached.and made a part hereof. For convenience,
the said transmission line, with all towers, poles, wires and appurtenances thereto, in so far as they relate to said transmission line upon said right
of way and station grounds, is hereinafter called the "Transmission Line."
in Further Consideration of the foregoing grant, the Licensee covenants sad agrees with the Company as follows:
1st. The Transmission Line shall be constructed and at all times maintained in strict accordance with current specifications recommended
by the Bureau of Standards in its National Electrical Safety Code, and in accordance with the specifications from time to time recommended by
the Association of American Railroads for overhead crossings of electric light and power lines, except where by statute or order of competent public
authority a different type of construction or a different degree of maintenance is required, in which case construction and 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 transmission line shall be subject to the approval of the duly authorized representative of the Company; and the Transmission Line shall be
so constructed, and at all times so maintained, that all wires thereof, carrying 300 volts or more, shall have a minimum vertical clearance of thirty sin
(36) (** feet over the top of all rails of the Company's railroad crossed thereby, anything to the contrary contained in said Code and fications
notwithstanding. Further that no transformer shall be installed by the Licensee on said Transmission Line within one hundred (1000 feet of the
nearest point of the right of way of the Company, except upon written consent of the duly authorized representative of the Company. That the
space around the poles or towers of the Transmission Line on or near the Company's property shall be kept free from underbrush, grass and in-
flammable substance aad material by the Licensee.
2nd. It is expressly agreed and understood that when the Licensee undertakes to at any time, construct or'reconstruct, in any manner or
way said transmission line over the property hereinbefore mentioned and described, that before so doing the Licensee will dive written notice
forty4ght (48) hours in advance of its intention to so do to the local Freight Agent of the Company nearest to the transmission line.
3rd. That during the construction and while repairing, renewingor changing the transmission line, the Licensee shall conduct the work
with care and diligence so that no damage shall occur to the property of the Company, and so that there will be no interference with the operation
of the railroad. Licensee will restore the premises of the Company to as good condition as they were before said work was done, all of which shall
be at the sole cost and expense of the Licensee.. If the Company shall, in a particular instance determine that it is necessary for its own protection
against the danger of damage arising during such work, it shall have the right, but shall not he required, to employ watchmen or other means for
its protection; and if it shall do so, then the expense thereof shall be paid by the Licensee.
conductors, structures or facilities at above described location, and the Licensee shall, at its sole i ' " ye after
receipt of written notice from the Company so to do, ad'uat as a mpany may direct, and if t e Licensee shall
fail to so adjust said trap .may, at its election, either terminate this license sad wholly remove said transmission line
(See Page 2 for revised 4th Paragraph)
5th. That the Licensee shall at all times indemnify and save harmless the Com any (and any tenant company maintaining wires along
the right of way of the Company) against loss of or damage to property, and against all claims, demands, actions or causes of action trowia out
of loss of or damage to property, or injury to or death of persons resulting in any manner from the construction, maintenaacei use, state of repair
or presence of the transmission line upon the Company's premises (except where such loss of or damage to property or such injury to or death oI
persona is directly caused by the sole negligence of the Company) and shall promptly pay to the Company the full amount of any damages which
the Company may sustain, incur or become liable for, and all sums which the Company may pay or be compelled to pay in settlement or satisfac-
tion of any such claims, demands, actions or causes of action; but it is -understood and agreed that the Company shall give to the Licensee prompt
written notice of any such claim, demand or cause of action presented to it.
It is further agreed that the Licensee shall have the right to defend, and it shall be its duty to defend, at its sole cost and expense all suits
brought against the Company upon such claims, demands or causes of action resulting as aforesaid; and the Licensee may at its option, settle or
compromise any and all such claims, demands or causes of action as it may deem beat, taking all acquittances, discharges aad releases therefor on
behalf of the Company.
The Company shall not be liable for any damage to the transmission line howsoever caused.
6th. Licensee accepts the provisions of this contract and will occupy the premises of the Company subject to and in recognition of all rights
of other licensees occupying the railway premises by s�reement of the Company prior to the date of this contract, and will neither do any act
nor umit to do any act that will be in violation of the license agreement between the Company and such other licensee.
Form 308 SOD 5-65 ARB Shoat 2 of
7th. That if Licensee shall at any time intentionally fail or refuse to comply with or carry out any of the covenants herein contained, and
such failure or refusal shall continue or a period of sixty (60) days after written demand for such performance or compliance shall have been
made upon the Licensee by the Company, which written demand shall specify the particulars in which there is such failure or refusal to comply,
the Company may, at its election, without further notice, forthv%ith revoke this license, and in case of such election, or upon any termination hereof,
the U upon request, forthwith remove the transmission line and restore the Company's premises to the condition in which they were
prior to the construction of said transmission line. In caw the Licensee shall fail to make such removal or restoration within sixty (60) days the
proceed such work, d the e b repay h the thereof.
, No waiver by the Company
lit to terminate the same for any
an 8 the
Company
costt e�
or held 0 be waiver
ofthe rig
p y . _ terminate
as bee on any subsequent default or defaults
t� ' (whether a indemnity or otherwise) which
Licensee
be,
y in
a
M release
m! or obligation
mp 0
0 t e Licensee
all promptly
he h terminate t license will
be r t g waiver,
the C
Company
defaulty defaults w'
of default
subsequent
ue't or defaults,
but notwithstanding
h
may
u.
which .or shall any hereof
the e f y
may
have
y attached
orp 0 or w y . c . g or such
i
h e accrued termination us which may be = a at the time termination.
M.
Sth. That the Licensee shall at all times, at its own expense, maintain the most effective system and use the beat known and most effective
methods toprotect the lines, wires and service of the Company and of any licensee of the Company whose permission to use the Company's premises
antedates the permission herein granted the Licensee, from interference and physical hazard, and if necessary in order to prevent such interference
or hazard, the Licensee shall, at its own expense, transpose its circuits or make ouch changes in the construction or location of the transmission
line as may be specified by the Company.
9th. If the Licensee moves or disturbs any of the pro of the Company, then said Licensee agrees to restore said property in as good con-
dition Licensee; and it is further expressly agreed and understood in t s connection
dition. as it was before said property was disturbed by the lval( said
that
said Licensee agrees to indemnify and save harmless the Company from all injuries and damages caused by the Licensee disturbing, removing or
interfering with the property of the Company, and agrees to pay the Company for any and all damages that the said Company may sustain or
have to pay, including court costs and attorney's fees, growing out of the moving or interfering with any property of the Company.
10th. Any notice to be given by the Company to the Licensee hereunder shall be deemed to be properly served if the game be delivered to an
executive officer of the Licensee, or if deposited in the Post Office, postpaid, addressed to the Licensee Lt._� 2000, Lubbock, Texas 7945
lith. In the event the Licensee herein embraces two or more persons or corporations, all the covenants and agreements of the Licensee herein
shall be the joint and several covenants and agreements of such persons or corporations.
12th. This agreement shall take effect the date hereof and, unless terminated, as above provided, shall continue in force for a period of
...... and thereafter until terminated by either party giving to the other six (6) months' notice in
N%mting, of an intention to terminate the same; and this agreement shall terminate upon the expiration of such notice, and on such termination,
all rights and privileges of the Licensee shall absolutely cease, except the right of removal of its property from the premises of the Company. No
termination hereof shall affect the rights and liabilities, if any of the parties then or theretofore accrued under this agreement.
13th. This agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns or heirs, executors and adminis-
trators; but the Licensee shall not assign, sublet or lease the premises in question and this contract without the written consent of the Company.
In case Licensee does assign, sublet or lease, or attempts to assign, sublet or lease the premises in question and this contract, or if there shall be
an assignment by operation of law, without the written consent of the Company, it is expressly agreed and understood that in such event the
Company has the option and right to cancel this said license and contract immediately and require Licensee to vacate asid premises.
14th. It is expressly agreed and understood that if any article or provision of this license and contract shall be held void or illegal, that the
same shall not be held to invalidate in any manner or way, any other provision or provisions, or article or articles, or parts thereof, of this said
license and contract.
lath. If the Railway Company, for itself or on behalf of its lessees or grantees, should
at any time or from time to time find it necessary or desirable to make changes in any ex—
isting building, track, structure, or overhead or underground installation, or place any
additional building, track, structure, or overhead or underground installation on any premise
where said wire line is located the Licensee agrees that it will promptly, at its own cost
and expense and without cost or expense to the Railway Company or the Railway Company's
lessees or grantees, upon receipt of written notice from the Railway Company so to do, re-.,!
locate, change, or adjust said wire line as requested or required by the Railway Company.
In Witness Whereof, the parties hereto have caused this agreement to be executed on the day and year first above written.
ATTEST:
... . .......... .... .................... . ...... . ..... . .......... . .............. . I . ........... ... FORT .WORTH -AND .. DENVER � ........... RAIL_KA! --- COMPANY,
__ .. .. ............... ........ . .
ATTEST:
reva
Approved
........... ..........................
Recommended:
Secretary.
By............. ......
Its ss
CITY OF LUBBOCK, TEXAS
D9
.......... . ................... ............ ... . ..... . ... ..... ................................................................... . .
urer Pq rhes�g Licensee.
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i Exhibit "All
Fort Worth and Denver Railmay Company
Lubbock, Texas
Sketch Showing Location Of Prop,
15KV Power Line Crossing For
Lubbocck Power & Light
. Office `Chief Engr. Ft. Worth, Texas
July 24, 1974 Scale: 1 " = 2001
Lubbock County, Texas