Loading...
HomeMy WebLinkAboutResolution - 121274K - Electric Transmission License - Fort Worth & Denver Railway Co - 12_12_1974RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby �aut hori zed and di rected to execute for and on behalf of the Ci ty of Lubbock an Electric Transmission License to be entered into by and between FORT WORTH AND DENVER RAILWAY COMPANY, as Licensor, and the CITY OF LUBBOCK, TEXAS, as Licensee, on Railroad Company Form 308 500 2-67 ARB covering a power line crossing at Alley Track No. 25, Main Track, Old Engine Spur No. 5, Industry Spur No. 28 and 260 feet of Right of Way in a Northerl y-Southerly direction at said R.ai 1 way's Mile Post L- 359 + 3741 f eet, as more particularly shown on map and/or plat attached to and made a part of said License Agreement as Print No. SP 22-1075 / 312-7, 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 thi Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of December 1974. R.OY BASS, MAYOR TTEST:--, - reva Phillips, City SC/eetary-Treasurer PPROVED AS TO FORM: red O. Senter, Jr Ay Attorney / Form 308r 50D 2.67 ARH _ ` 1e2 ELECTRIC TRANSMISSION LINE LICENSE THIS AGREEMENT,,.Made this . _ ._._._2.3xd.......:.: FORT WORTH AND D .____..__.._.._.. .....__.......... RAILWAY._ COMPANY, hereinafter rolled the "COMPANY," party of the tint part, and -_--_....:_CITY.. ..._.._. _. _... __.......�._.... _ . .. a Texas Home Rule Munici••pality.._ ... hereinafter (whether one or more pesso= or carporati�ons) called the "LYCENBEE; party of the second: part. w One hundred ( 10_0_.00 dollars_ initial and onl to be ? d_ , --- Witnesseth: Ix CoxamasuTiox op,. ..._... _.. ._. . _. _. _..__.... _.. _._... 3i . the Licensee to the -Company immediately upon execution of this agreement, 4 .. and of the covenants, promisee and agreements of the Licensee hereinafter set forth, and of the faithful performenixby the Licensee of the same„ the Company grants to the Licensee, upon the conditions hereinafter set forth, license and penohision to construct„ maintain and we an electric transmission line consisting of poles or metal towers supporting-___�__.3_.__�.wires, phase, 60 cycle. catiyiag 12 .7 ,-__......volts, across or along the right of way or station grounds of the Company at or near the station of" Lubbock, Lubbock County, Texas - the location, of said transmission line being. more particularly described as follows Said power, line crosses over Alley Track #259,` Main 'Track Old Engine Spur #5. J. ndustry , Spur,#28 and 260' of right of way in a northerly -southerly direction at Railwy's Mile ..`Post L-359+3741' and being shown upon Print No._..5_ P�...^22-10 p T? f,s _ hereto attached:snd made a 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." ` I Further Conalderation of the foregoing grant, the Licensee covenants and 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 SW volts or more, shallhave a minimum. vertical clearance of thirty s i (36 ! (40) feet over the top of all rails of the Company's railroad crossed thereby, anything to the contrary contained in said Code and bona notwithstanding. Further that no transformer shall be installed by the Licensee on said Transmission Line within one hundred {LW feet of the nearest point of the right of way of the Company, except upon written consent of the duly authorized representaLive of Lhe Company. That the' space around the poles or towers of the Transmission Line on or near the Company's property shall be kept tree from underbrush, grass and in ' flammable substance and 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 . asy said transmission line over the property hereinbefore mentioned and described, that before so doing the Licensee will jive written- notice forty-eight (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, renewing or changing the transmission line the Licences' shall conduct the wort with care and diligence so that no damage shall occur to the property of the Company, and so that there wi7f 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 beat the sole cost and expense of the Licensee. If the Comparey shall, in aparticular ' determine that it in necessary for its. own protection against the danger of damage arising during such work, it shall have the right, but shall not be 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. Is- conductors, structures or facilities at above described location, and t e Licensee shall, at its so y ys after receipt of written notice from the Company so to do ad-i ss a Compaq may direct, and if the Licensee shall fail to so adjust said , any may, at its election, either terminate this license an1wholly remove said transmission line ' ( See P e 2or reyi8ed 4th Par ah 5th. That the Licensee shall at all times indemnify and save harm�ede the mpany toad any tenant corn y taining wires along the right of way of the Company) aggainst loss of or damage to property, and against all claims, demands, actions or causes of action growing out of loss of or damage to property or injury to or death of persons resulting in any manner from the construction, maintenances use, state of repair or presence of the transmission line upon the Company's premises (except where such lase of or damage to property or such injury to or death o persons 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 saiisfac Lion of any such claims, demands, actions or causes of action; but it is understood and agreed that the Company s 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 a!!Y and all such claims, demands or causes of action as it may deem beet, taking all acquittances, discharges and 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 occup the premises of the Compare, subject to and in recognition of all rights of other licensees occupying the railway premises b agreement of the Company prior to the date o this contract, and will neither do any act nor omit to do any act that will be is violation of a license agreement between the Company and such otherlicensee. Form 308 :. 600 247 ARB Shmd 2 of 2 7th. That if Licensee aiutilf at any time intentionally fail or refuse to comply with or cesry out any of the covenants herein contained, and such failure or refusal shall continue far $period of sixty (60) drys after written demand for each performance or compliance shall have been made upon the Licensee hp the Comppaanny, which written demand shall specify the particulars in which there is such failure or refusal to comply, the Company ma , at its elethout ction, wifurther notice, forthwith revoke this license, and incase of such election, or upon any termination hereof, the Licence ahal upon. request, forthwith remove the transmission line and restore the Company's premises to the condition in which they were pnor to the construction of said. transmission line. In case the Licensee shall fail to make such removal or restoration within sixty (60) days the Company may proceed with such work, and the Licensee shall promptly repay to the Company the cost thereof. No waiver by the Company of any default or defaults or the right to terminate this license will 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, the. Company ma terminate this license on any subsequent default or defaults which may occur; nor shall any termination hereof release the Licensees from any liabilit? or obligation (whether of indemnity or otherwise) which may have attached or accrued previous to or which may be accruing at the time of such termination. 8th. That the Licensee shall at all times, at its own expense, maintain the most effective system and use the best known and most effective methods to the lines, wires and service of the Company and of any licensee of the Compare whose permission to use the Company's premises antedates t�ternisaion hereingrantedthe 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 such changes in the construction or location of the transmission lianas may be specified by the Company. 9th It the Licensee moves or disturbs any of the property of the Company, then said Licensee agrees to restore said property in as good con- dition as it was before said property was disturbed by the said Licensee; and it is further expressly agreed and understood in this connection that said Licensee agrees to indemnify and save harmless the Company from all injuries and damages caused by the Licensee disturbing, removing or ;' inlrsferiag 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, iachudiagcourt costs and attorneys fees, growing out of the moving or interfering with any property of the Company. loth__.Any tore given by the Company to the Licensee hereunder &hall be deemed to be properly served if the same be delivered to an execative-a—F.thaUcensoee, orif meted in the Past [Jffice, postpaid, addressed to the Licensee at.Box 2000.. Lubbock. Tex . 794 5' llth..:, lathe efreatthe Umen herein wbraces two or more persons or corporations, all the covenants and agreements of the Licensee herein @hall be the joint seat geveral eovenants and agreements of such persons or corporations 12tL :.. This gpument sbaH tske affect the date hereof and, unless terminated as above provided, shall continue in force for a period of Oti ,sr' and thereafter until terminated by either party giving to the other six (6) months' notice in writing of sahAention to terminate the same; and this agreement shall terminate upon the expiration of such notice, and on such termination, all ]tiglsts and of the Licensee shall absolutely cease. PZ t the right of removal of its property from the premises of the Company. No termination: h®re� affect the rights and liabilities, if any of the parties then or theretofore accrued under this agreement. l3tt This agreement shall band and inure to the benefit of the parties hereto, their successors and assignsor heirs, executors and admiais- tmtors; 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 aball be an assignment by operation of law, without the written consent of the Comparey, 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 to require Licensee to vacate said premises. 14th. > it b 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 =annex or way, any other provision or provisions, or article or articles, or parts thereof, of this said license and. oamtract. 4th. rf.the Railway Company, for itself or on behalf of its lessees or grantees, should at anytime or: from time. to time find it necessary or desirable to make changes in any ex- °.tiering building, track, structure; or overhead or underground installation, or place any `'additional building,.track, structure ,`or overhead or underground installation on any premiss where•said wire line Is located, the Licensee agrees that it will promptly, at`its own cost and expense -end 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 Zocate;cha�ge, or adJust said wire line as requested or required by the Railway Co in, Witness. Herod, the parties hereto have causedthis agreement to be executed on the day and year first above written. ATTESP FORT WORTH AND DENVE-- ---- RAYL ,WAY ..COMPAI!IY, . Secretary. '. ATTEST. By - its.._..... _.r ...............:....._. As to President P:M OF - CK_ a_Texas Home Rule _ Muaici�alii City SeC. Licensee Treas, C- Appr°.ed= BASSIvf+hAYOR •-. _. _.. __ ... - - y .! A rates as sfo4 Recommended: y. Q,.�,e_n U.� ......_ ... ------- ----. _....._ ... .. -Chief-Engines General Manager -Operations .....w... .._...:...-. ..._... .._ _. _.. Supt - _Communications& Signals --dl qV R tZ�s 6 N, G Y� O c op AA 0(7 ¢Co. �a gAM to 20 aseme xp,5. ��Sfe .,9 \` s 30 er Arch _ - ~ S No s c A 1 e y hO use �,t ¢ „g� ,vas6N�"CEx 1 wa,• qq A. art 3°' � \ � _ �E�J�� tal j4©• �NO•G/� SO�4 a a 1 c° �1 - 6 r a '•9.-A30d �,fo. L ..._ ��. 5� Pat I Mo: i,•= - '� IIN TRAC TO ESTELLINE r,R•S-co t- tone V' : `� � fi � ' ' � • .. ..' R.O.W. LINE " �-/sl a EMBIT«A« FORT �WORTH AND LE- NrR , .• - .. RAILWAY CO24PANY LUBBOCK, TEXAS SIMTCH SHOKING LOCATION OF P � ROP a + & RELOCATED POlur-,R LINE CROSSING FOR THE CITY OF LUBBOCK ,, r ter • OFFICE CXW ENGR- FT. 410RTH, TFJA M7I2. OCTOBER'�3, ?974 SCALE: 1 « i 04�7