HomeMy WebLinkAboutResolution - 042475G - Electric Transmission Line License - Fort Worth And Denver Railway Co - 04_24_1975J WF:cab
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 an ELECTRIC TRANSMISSION LINE LICENSE to be
entered into by and between the CITY OF LUBBOCK (as LICENSEE)
and FORT`WOR.TH AND DENVER RAILWAY COMPANY (as LICENSOR)
for LICENSEE'S electric transmission line and/or poles and guy wires
as set forth in said License, a copy of which is attached herewith and
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute-anid be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 24th day of April , 1975.
iY _ MAYOR
ATTESTS
Trepa Phillips, Cit Secretary -Treasurer
APP-ROVED AS TO --FORM:
. Senter, Jr., fCli,t`y Attorney
i.{ Form 308 ` ro0 2-67 AR&
f ELECTRIC TRANSMISSION
ihwt A of 2
LINE LICENSE
THIS AGREEMENT, Made this. .... 21st...�._..._....._._ _..._...day oC._._... ............ March._._. �.. .. . lg._.T5,
between. __' _ FORT WORTH AND DE_NV_ER _ _ �Iir7AY ...COMPANY, hereinafter called the
"COMPANY," party of tht• Brat part, And. __............. LUBBOCK POWER AND LIGHT (CITY OF LUBBOCK) .....
hereinafter (whether one or more persona or corporations) called the "LICENSEE," party of the second part.
Witnesseth: IN ComDzzATzoN ov .. One hundred._($100 00) dollaxs� initial and only to be_paid
the Licensee toLtheCom�an�r upon the execution of this agreement
and of the covenants, promises and agreementa 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 and ,
...__......_ 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 guy wire encroaches on Company's 321 right of Way in the vicinity of Company's
switching lead track #T5 at Avenue A and 45th Street,
and being shown upon Print Na_.. S.P. 22-108 f 312—'� •� ....... -----hereto attached.and made a part hereof. For couvdWenoe,
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 "Trans i ion Line."
In Furtheppr�nConsidemtion of the f; mg grant, the Licensee covenants and agrees with the Company as follows:
lot. ThBJ'ianSc;'fife�1 b�'hsgt �l�se9�nsiri t >etrice 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 Railroada for overhead crossings of electric light and power lines, t 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 ahall be in
strict accordance with such statute or order; provided, however all materials and smahip 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 s i;
(36) (W) feet over the top of all rails of the Company's railroad crosaec'i thereby, anything to the contrary contained in said Coda and ficat4oaa
notwithstand�'ng Further that no transformer sh=all be installed by the Licensee on said Transmission Line within one hundred (100 set 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
apace 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 and material by the Licensee.
2nd. It is expressly agreed and understood that when the Licensee undertakes to, at An time, eonstract or reconstruct, in any manner or
way said transmission line over the property hereinbefore mentioned and described, thst before so doing the Licensee will dive 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 fine.
3rd. That during the construction and while repairing, renewing or changing the transmission line the Licensee shall conduct the work
with care and diligence so that no damage ahall occur to the property of the Company*, and so that there ;I 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 coat and expense of the Licensee. If the Company shall, is 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 Ve required, to employ watchmen or other means for
its protection; and if it abaft do so, then the expense thereof &hall be paid by the Licensee.
4th.ElAftasiml
conductors, structures or facilities at above described location, and t e Licensee shalt, at its ao c y )Jaya after
receipt of written notice from the Company so to do re as a Company may direct, and if the Licensee shall
fail to ec ad u any may, at ita election, either terminate thin license sad wholly remove said transmission line
(See Sheet 2 for revised 4th Paragraph)_
5th. That the Licensee shall at all times indemnify and save harmless the Company (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 growing out
of lose of or damage to property or injury to or death of persons resulting in any manner from the construction, maintenance+ use, &fate of repair
or presence of the transmission fine upon the Company's premises (except where such loss of or damage to pproperty or such injury to or death o�
persons cs directly caused bx 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 best, 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.
Gth_ Licensee accepts the provisions of this contract and will occupy the premises of the Compan subject to and in recognition of all rights
of other licensees occupying the railway premises by agreement of the Company prior to the date of this contract, and will neither do any act
nor omit to do any act that will be in violation of the license agreement between the Company and such other licensee.
s Form 308 500 2.67 AHB Shoat 2 of 2
M 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 for 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, forthwith revoke this license, and in case of such election, or upon any termination hereof,
the Licensee , upon request, forthwith remove the transmission line and restore the Company's premises to the condition in which they were
poor to the construction of said transmission line. In case the Licensee shall fail to make such removal or restoration within sixty (g0) 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 s waiver of the right to terminate the same for any
subsequent default or defaults, but notwithstanding such waiver, the. Company may terminate this license on any subsequent default or defaults
which may occur; nor shall say termination hereof release the Licensee from any liability 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
Sth. That the Licensee ahall at all times, at its own expense, maintain the most effective system and use the best known and most effective
methods to protect the lines, wires and service of the Company and of any licensee of the Company whose permission to use the Company's promises
antedates the permission herein granted the Licensee, from interference and phhvvmeal hazard, and if necessary in order to prevent such interference
or hazard, the Licensee shall, at its own expense, transpose its circuits or a such changes in the construction or location of the transmisaion
line as may be specified by the Company.
8th. If the Licensee moves or disturbs any of the property of the Company, then said Licensee agrees to restore said property is 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
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
Pave 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 same be delivered to an
executive officerof the licensee, or if deposited in the Post Office, postpaid, addressed to the Licensee at. Box 2000, Lubbock, Tex. 1245',
11 th. 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
one (1)year
» and thereafter until terminated by either " giving to the other sir (6) months' notice in
writing 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 to 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
an assignment by operation of law, without the written consent of the Companyy, it is expressly agreed and understood that in such event the
Company has the option and right to cancel this said license and contract immeohately and to require Licensee to vacate said 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
acme shall not be held to brTalidate in any manner or way, any other provision or provisions, or article or articles, or parts thereof, of this said
license and contract.
4th. 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 pre—
mises where said wire line is located the Licensee agrees that it will promptly, at its
own Bost 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, relocate, 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.
.» _ a..... � � �.. is :��� � �; r ..._... ...»..»..». » ...... »FORT WORTH AND »i]ENVER RAIL.. WAX ---COMPANY,
P� �) '.,� ►, , c,,, , f Secretary.
ATr T� . \ ,i By».._»
1
POWNS AND LIGHT (CITY OF LUBBOCK)
Treva Fillip's, -C ay''�" cretary-Treasurer / » _... .iic . .
)j •/\�l Roy Bass ha Mayor
I , .� ' Eir�mlwl►AttorneY• Approve as two form;
0 .� ........... ..�.. ._recl.�..
Chief Engi tie
General Manager •, City Attorn
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EXHIBIT "Au
FORT WORTH AND DEGM RAILWAY COMPANY
.. .. LUBBOCK, TEXAS
SKETCH %OWING LOCATION OF PROP.
DOVINGUY WIRE FOR LUBBOCK FOIAM & LIGHT
OFFICE CHIEF ENGR. FT. WORTH, TEXAS
MARCH 210 1975 SCALE: 1't = 2001
• LUBBOCK COUNTY, TEXAS s