HomeMy WebLinkAboutResolution - 032976S - Electric Transmission Line License - FWDRC - Across Railway, MP L-359+360' - 03_29_1976JWF/nh
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 TRANSM[SSION LINE LICENSE, wherein the
Fort Worth and Denver Railway Company is LICENSOR and said CITY is
LICENSEE to cross said Railway's main track and seven side tracks at
Mile Post L-359 + 360t for a consideration of $500. 00 to be paid LICENSOR
by LICENSEE, attached herewith which shall be spread upon the Minutes
of the Council and as spread upon the Minutes of this Council shall con-
stitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 29thday of March , 1976.
ROY BA S, MAYOR
ATTEST:
r
Treva Phillips, C'W Secretary -Treasurer
APPROVED AS TO FORM:
. Senter, Jr. , City
t rt' T Q j C e.•t fir, k r l
t ' Perm �B ECA--30 59 `e t ; :: r •. - ' o K ChNt IL at 2 r r
ELECTRIC TRANSMISSION LINE LICENSE
THIS AGREEMENT, Made Ahrs _. 28th _ ...............day of ..» ...._..»»»..`»November 1 TS
;..
bete sea RAIL :WAY .COMPANY, hereinafter called the
"CQ11PANY," party of the first part,]i '' �' It i.1 Q , as �; »� ..-_»_ ..
A Te xa AhTnA Re1e M"-n i i r%tia l i tv
hereinafter (whether one or more persons or corporations) called the "LICENSEE;' party of the second pari:.�.
Witnesaeth. 'Itr Corramsanarox of Five Hundred Dollars ($500w00), initisl8ad onlytobe paid by -
the Licensee to the ..Company _upon the. execution of. this agreement
s�
. -and of the covenants, promisee and agreements of the Licensee hereinafter set forth, and of the faithful performance by the Licensee of the same,
the Company grants to the Lroenaee, upon the Bondi forth, license and permission to construct, maintain sad use an electric
r . :r ; x a. g 1 �> � - . -., � hereinafter �t k .. , 60 f t
_- 'transmissionline ttgnai$t1n of poles or metal towers snpportang �' =:1�rires, phase,
z 000Fr� - 3. ,x Lvbbock� ..Lubbock
.E» _..,, volts, across or along the right of nay or station ds of the C grounasapany at or near the station
of
." r ik,,ch
* " COunt� TeXas ^ % '"the lcieatroa of saidy���,��,���oa hme�bemg more 'cuIarly described as foUatas ,Pi;tr zx y
YiYDlW06i 4 .
�. Said transmission line crosses over RailwsgCo�par�y's :main:arack+�nd,aevea7� aside tracks
is a no. theaster1Y?4outhvesterly eetiont Rsilva i irat Company-.
.CP� s � maS.a','liae :,.file -,Post
�� e�5 r Ft ##yy ga. "!' 3 1':x .ni 3 P s cxaa. ,';k,,. /�L 1.n, •�..•, W, s r t -: re . 1� - t.{ - 'j
,��"��hy^,, FeP•.,2" 5� .y G a�.�r�7.�'�/1� � Y 9!4: �• y�-., �..-
and being shown upon firs Print No... s • .'"2 ....» ..» » ......... .: `» ...: _. heretoattaohed and made a part hereof. For eOnvemena
the said transmission line,'with all Lowers, poles vanes and appurtenances thereto, in so far as they relate to said transmission Ime upon said rigl
of way and station grounds, is hereinafter called the "Transmission Line." t
,...,
r In Further Conalderation of the foregorug grant,'the Licensee eovensate and agrees with the Company ae_followa
lot The Tramemiasioa'Line`shall be constructed and at all times maintained in strict accordance with current specifications reeommende
by the Bureau of Standards in its National Electrical Safety Code, and in accordance with the specifications from time to time recommended b
the Association of American Railroads for overhead crossings of electric light and power lines, except where by statute or order of competent publi
authority different type of construction or a different degree of maintenance is required, in which case construction and maintenance shall be i
:- strict scxordance with such statute or order; provided, however all materials and workmanship employed in the construction aid maintenance i
the. transmissionline shall be subject to the approval of the duly authorized representative of the Company; and the Transmission Line shall l
Lao constructed, and at all times so maintained, that all wires thereof carrying 300 volts or more, shall have a minimum vertical clearance of thirt
)` We);feet_nver.the top of all rails of the Company's railroad crossed thereby, anything to the contrary contained in said Code and ficatio:
"ysotw"ithstaA ' Further -that"no transformer shall .be installed by the Licensee on said' Transmission Line within one hundred (1OO feet of tl
nearest "point of the right of way of .the Company, except upon written consent of the duly authorized representative of the Company. That ti
around the poles or -towers of the Transmission ne on or near the Company's property shall be kept free from underbrush, grass and n
�s ]181nIIlable anbstwice and material ;by the Licensee. t } rtt # ° • . `,., y' /
u
c' ' Znd. -,`Jb is expressly' igreed'and understood thai�when the Licensee undertakes st nay time, �coust' i , or recoaatruct, is say meaner c
3n way asad.3raaamiasioa hae.'aver the property hereiabefore mentioned and deecribed,Wt before so doing the Licensee will diva Britten notii
forty=eight j48) hours is advance of its intention.to:eo do to the:local Freight Agentof the Company nearest to the transmission line.: -
i ' 8rd, 'That during the :construction Arid whde'repairing, renewin or changing the transmission line 'the Licensee ahall :conduct the'vol
with care and diligence as that no damage shall occur.to the property of the Company,' and so that there will be no interference with the operatic
w of Lhe tailrosd Licensee will restore the premises of "the Companyy to as good condition as they were before said work was dome, all of which shs
ifs at Lhe sole cast and expense of the Licensee ' . If the Company aha11, in a particular instance, determine that it is necessary for its own protectic
against the danger of damaaggee arising during such work, it shall have the right, but shall not be required, to employ watchmen or ether means f4
w its.protection; and if it shall do so, then the expense thereof shall be paid by the Lrceaaee.'`i ft- * ,c
:... ;4th...
��< coniuctars, structures or facilities at above described location, .and a Licensee shall, at its so i Ole
30) days aft
receipt of weitLen notice from the Company so to do, adjust as a Com y
pang may duvet,:and if the licensee:slu
i fail to so said may, at its election, either terminate this license and rvholiy remove said transmission lie
• '�,� s " �:`' '=. e �_,a�'4 k7i e;:y,_s^".•"'r'Z' : f1.t�a14� y�..3y 2?�. ° t .:,r"-� •' �- .? � �". �_' y t '":
:That the Licensee shall at all tames indemnify and as harmless the Come
•the Ti t of way of the Company) y paay: (and anitenant company , maintaining 'wirei 4oi
gh y pany) against loss of or damage to property, and against all claims, demands,' actions or causes of Action growing a
t m loss of or damage to property or injury to or death of persons resulting in any manner from the construction, mainter mee,:use, state of repel
nor presence of the transmission ire upon .the Company'a premises (except where such loss of or damage to property or sach-mjury to or death
persons is directly caused by the sole negligence of the Company) and shall promptly pay to the Company the full amount of any damages whit
: ='the Company may sustain, incur or become liable for, and all sums which the Company may pay or be compelled to ray in settlement or satisfy
tion of any such claims, demands, actions or causes of action; but it is understood and agreed that the Company shall give to the Uc ensee prom;
C written notice of any such claim, demand or cause of action presented tort. t ,t t� �, w'� # ' ,, ti ;�, z X.
:w It is hirtber agreed that the Licensee shall have the right to defend, and it shall :be its duty to defend, at its "sole'e6st and expense all suW
l ,,-brought ageism the Company upon such claims, demands or Causes of action resulting as "aforesaid; and the Licensee may at its option, settle
cco�m�plro_m` we . and al1 such claims, demands or causes )of action as it may deem beat, taking all acquittances, discharges and releases therefor e
:+ behalf of:the WfIIl.�• 3''�,t.L ir:- {'"'r .C. +n�'� y a"C yY"kt s .. 7 l..i�•.'. �-t .S ?ii4'T ^s f iK 'k•3 } �`,Nvi`}, r °5 ! 1$ 2 3 ri7r .`..
.--t a v.... %...<'',,�P' --.�, r *�+ 1 Y1.1 ke' w'[fi.v ft it:.
r, '.t, The Company ahall not be` liable for any dannsge to the treaamiaeion line howsoever Caused.
R r am
T -'tith ,- ``Licensee accepts the provisions of this contract and will occupy the premises of the Compan subject to sad in recognition of all r'rgh
' of other licensees occupying the railway premiaea by agreement of the Company prior to the date of this Contract; and will neither do anya
nor omit to do any act that will be in violation of the license agreement between the Company and such other litxnsee.
A
4th. If the Railvay Company, for itself or on behalf of its lessees or grantees
should' at any time or from time to time find it .necessary .or desiriable to make
changas in any e:3s tine' buildin:: tract:; slit bt4xct "or'-bterbcad or underground
installation, or place any additional building, tract:, structure= or, overhead or
ur..ergxound installa6. on any premises where said mire line is located the
Licensee agrees tbat it gill promptly. at 'its o:•m .cost and expense and zrithout
�cosi ox 'esc?ense: to ?ailnay Company -or •the`paiiinny Company's lessees---ox
gYanteesp. upon receipt of written notice from the Railway Company so to dog
relocate change., or adjust said Uixe Line as requestedor required by the
Railtjay oap anyo .
15tho I if the operation or maintenance of .the transmission line shall at any time cause
interference, including but not limited to physical interference, from electromagnetic in-
duction, electrostatic induction, or from stray or other.currents, with the facilities of
Company or of any lessee or licensee, or in any mannerinterferes vith_the `operation, main-
tenance or use by Company of its right of vay, tracks, structures, pole lines, signal and
communication lines, radio or other equipment,, -devices* other property or appurtenances
thereto, Licensee agrees I��ediately to make such changes in its own lines as shall be
necessary to eliminate such interferences. ITbe cost of..any protective equipment and its
installation shall be borne by the Licensee.
. ;-
annadon hireof mall aSect`the rights and liabilities, 4f any yof the perdes then or, theretofore accrued iader.this sgreemeni;
°`13th= This agreement shall bind aad:iauie #a the henefit'of .the parties hereto; Bien si:ccessors and saffi or hens, executors and sdniu
{ors; but the Licensee ahsll not assign; -sublet or lease the premises in question and .this contract without written consent :of the Comps;
cam Ucensee does assign, sublet or lease; or -attempts 1o.asaign,'sublet or lease the premises in=question'and this contract at there shall
assignmeat•by: operation of-law,'7vithout the written consent of -the Company, it:is �zpreasly.sgrced and -understood that in such eves'
mpanyhas the'option and right to cancel this said hcense'and contract immediately and to _ Licensee to vacate said, premises
14th 'itis'expreesly agreed gad understood that �f aayarticle-or provision of thtahcense and ooattxct.hall be;Leld oid cr illegal, that"
n. shah not. be held to invalidate in anyxv=er -,orwayti any..,other nrovWon or vrovisions or. :article or articles, or_.parts thereof, .ofthis e
,rrn 3087 -500 ., 5-65 -AR
of
to comply with or carry out any o
MLThat if Licenseeat any or re use f the 'covie'nan'ts herein -contained, and
�--,such failure or refusal shall -continue for a period of airty-(60) days,after written demand for such performance or compliance shall have been.
made upon the U b the Company,which written demand shall specify the particulars in which there is such failure or refusal to comply"'
ou
the Company ma a its election, out further notice, forthwith revoke this lioezm and in ease of such election, or upon any termination hereof,,
the Licensee shali upon request; 'fort'hwith remove the transmission line and restore license;
Company's premises to the condition in which they were
=7to the construction of said transmission line. ' In case the Licensee shall fail to make such removal or restoration .within zixtyr.(60) days the.'
pany may proceed with such work, and the Licensee shall prompty 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 may terminate this license an any subsequent defaultor defaults
which may occur; nor shall any termination hereof release the Licensee from any liability or obligation -(whetherof indemnity 4:or,otherwise) which-.
may have attached or accrued previous to or which maybe accruing at the timeofsuch
4,
Sth. That the Licensee "I at all times, atria own expense, _maintain the most effedtive system and use the,bcst 'known. -I 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, i " order too prevent such interference-
9M emee from interference and.physied hazar�,,'-*nd if necessary in o a
or hazard, L'the Licensee shall, at itsoWnL eXpenf;e,_j� a."pose it& mrcsixults -or male su6h - haii' -th
line as may.be specified bythe Company.,,�-'�,-4�7� �j ges, in-_ e zonstrixctionlor'locAtion:of.the transmissimi!
9th. If the Licensee moves or disturbs any of theCompany -then said wensee ag - rees
propert f the L' j;�re said property in as good -con-'
dition as it -was before said property was disturbed by the sand Licensee; and it is further expressly, agreed and understood i connection that
said Licensee agrees to indemnify and save harmless the Company -from allinjuries and damages cLused"by-the Licensee disturbing ,"removing or'
interfering with the property of the Company, and agrees to payAbi:Company for.any sn_3 all damages that-th6-said -Company maysustain ior,,
—have..to -pay, includifig court costs and attorney'; fees,:growinj out" --of tthe moving or interfering with a1iy;prq,6ert -of
'-loth. L"Any motiee tobi-livell-by the compil�iitothi.uce-,ns'ft��imunde�ishaU� d6emedto Y,
_"Inth th, JA herein eM
e e censee two or more persons or corgi
&ill be the joint and. several covenants and agreements of such,perso
v 'I terminat4y,;either v
writing, of an -intention to terminate the same;- and this agreement shall terminate upon the
all rights and privileges of the Licensee shall absolutely cease, --except the right of removal of its proper
termination, hereof zfiall4ffect the rights and liabilities, if an�,:J)Uthe parties thenor theretofore so=
da agreement
L, .1L "' ' �L. .�. , "L �!
hall, inure to h b�' ' � 'I h
13th.,: Tb bind and in"' re t e nefit of the parties eretd,�'their-suecesaorsm
trators; but the Licensee shall not assign, sublet -or leasethe premises in question and this contract wi
In case Licensee does assign, sublet orlease, or attempte'to assign,-;° sublet or lease Lthe'premises in qui
consent of the Company, itiselitres:
an assignment by operation of,lawi-without the. written
r�y ap
Company has the option and right to cancel this add license and eO'UtMCt IMIne to I UirY
-
-.14th.- Itisexpresslyagreed and
undergi6odthaifany article or provisions�id of this license' co
same shall not beheld to invalidate in any .manner. or way, -any, other MoVi6on or wovisiona.,arkA
WArn
1 IV,
assigns or heirs,. 'e"iecut
lut the written consent
Shan
3r if :,there shall
win such.eveat i
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�t
_ :PROP. 136 KV POWER n
__ 50 UNE CRos51NG R.0.W. tA17c - —
� Siding
4 3 � L f 6440 9 3
171 O
No.49 ! •
No. So i
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0144
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Exhibit ftA"
Fort North and Wrxver RailYay Corr
3RD• SUBDVLI.— Mains Jct. to Lubbock
LUBBOCi{,:1EXA$
Sketch Shooing Location of Proposed „s i t.• 4t, . r
133 KV. Overhead fbkr Limo Crossing z f .p� 3
=Desired by Lubbock Polrer & Light Co.
Wt ce L`hiei r. Fort North, Teas 3 ,� ft�1 s•p
4' frrember 26, 1975 Scale: 11t -= 100, c ys c'2-no%