HomeMy WebLinkAboutResolution - 010975J - Pole And Guy Wire Installation Agreement - ATSF Railway Company - Mile Post 6 - 01_09_1975-'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 a Pole and
Guy Wire Installation Agreement to be entered into by and between the City
of Lubbock and the Atchison, Topeka and Santa Fe Railway Company, a
Delaware Corporation, concerning said installation by said City at said
Railway Company's right-of-way at mile post 6 plus 2072 feet at or near
Doud, Lubbock County, Texas, 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 9th day of January , 1975.
ATTEST:
i
r
ROY EMSS, MAYOR
Treva Phillips, City secretary -Treasurer
APPROVED AS TO FORM:
. Senter, Jr.F�City Attorney
AGREEMENT, Made and entered into as of
this 27th day of November 1974 ,
between THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY, a Delaware corpora-
tion (hereinafter -called "Santa Fe")
party of the first,. and City of i4tockf
a municipal corporation
(hereinafter called "Licensee")
W I T.N E S S E T H:
Fifty
In consideration of the,sum of y and N01100 Dollars t$_ P*00)4
the receipt of which is hereby acknowledged, and the faithful performance by,Licensee
.of the covenants herein contained, Santa Fe licenses Licensee to place a pole and guyT
installation on Santa Fe's right of way at Mile Post 6 plus 2072 feet,,_at.or
near Doud , . Lubbock County, Texas :, and to-,- attack ta:
such pole.and guy installation the required guy wires to support communication and/or,
power lines of Licensee, the position'of said pole and guy installation being shown by,
red coloring on the print attached hereto, DEOANo. 9643 , dated Novewher 7z..
19 74 , marked Exhibit "A" and made a part hereof.
In consideration of the foregoing license, Licensee agrees, at its ova cost and'
subject to the supervision and control of Santa Fe, to locate, construct and maintain
the pole and,guy installation in such a manner that it will not at any time be a source
of danger to or interference with the tracks, roadbed or property of Santa Fe or the
safe operation of its railroad, and agrees that at any time Santa Fe builds additional
tracks near that point or desires said pole and guy installation changed, that it will
at its own cost and expense, remove said pole and guy installation and locate and there-
after maintain it as designated by the Santa Fe. If at any time the -Licensee shall,.in
the judgment of the Santa Fe, fail to properly perform its obligations under this
section, Santa Fe may, at its option, itself perform such work as it deems necessary
for the safe operation of its railroad, and in such event the Licensee agrees to pay
within fifteen (15) days afterbill shall have been rendered therefor the cost so
incurred by Santa Fe plus a sum equal to ten (10) per thereof; but failure on the
part of the Santa Fe to perform the obligations of the Licensee shall not release
Licensee from liability hereunder for loss or damage occasioned thereby.
Licensee agrees that at all times it will indemnify and save harmless the Santa
Fe against all claims, demands, actions or causes of action, arising or growing out of
any damage- to property or injury to or death of persons which may be due in any manner
to the construction, use, maintenance, state of repair.or presence of the pole and guy
installation and to pay the Santa Fe the full amount of any 'loss or damage which it may:
sustain, incur or become liable for on account thereof.
This license is given by the Santa Fe and accepted by Licensee upon the
express condition that the same is, and at all times shall be revocable at the will
of the Santa Fe; and whenever requested so to do by the Santa'Fe, Licensee agrees
to remove said pole and guy installation from the right of way of the Santa Fe and
restore said right of way to the. same condition in which it was prior to the placing
of said pole -and guy installation thereon. In case Licensee.shall fail to restore
the Santa Fe's premises as aforesaid within thirty-(30) days, Santa Fe may proceed
with.such_work at the expense of Licensee. No termination hereof shall release
Licensee from any liability or obligation hereunder, whetherofindemnity or other-
wise, resultingfrom any acts, omissions, or events happening prior to the date of
termination.or such later date when the pole and guy installation may be removed and
said premises restored as hereinabove provided.
This License shall be'binding upon and inure to the benefit of the parties
and their respective legal representatives, successors and assigns, but no assignment
hereof'by Licensee shall be binding upon the:Santa Fe without the written consent of
the Santa Fe in- each; instance..,
Any notice, request, instructions or revocation of this license 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. 0. Box 2000, Lubbock, Texas 79457
IN WITNESS. WHEREOF, the parties hereto have executed this instrument, in
duplicate, the day and -year first above written. :
THE ATCHISON EYJ SANTA FE RAILWAY COMPANY
Its Assistant to General Manager
f Ir. {
CITY OF L
►�� .� rrr,. ,,x' By
l r Its:
'Mayor ��i A- _
ATTEST:
Treva' Phillips,- CityLc ecretary-Treasurer
APPROVED AS TO FORM:
Fred- O. Seater, Jr., CittAftorney
2
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