HomeMy WebLinkAboutResolution - 042276L - Contract- FWDRC- Water Pipline Across Railway, MPL 357+1516' Yellowhouse Canyon - 04_22_1976;I JWF/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 a Contract to be entitled "CONTRACT FOR PIPE LINE
ACROSS OR ALONG RIGHT-OF-WAY" to be dated as of March 8, 1976,
to be entered into by and between said City as Licensee and Fort Worth
and Denver Railway Company as Licensor, permitting said Licensee to
cross said Licensor's Right -of -Way with 21 inch water pipeline at
M. P. L. 357 plus 1516 feet in Yellowhouse Canyon in 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 22ndday of Aori 1 , 1976.
ATTEST:
�,�.,v�-dam ��������✓
Treva Phillips, City�ecretary-Treasurer
APPROVED AS TO FORM:
Senter, Jr, , CLVtAttorney
CONTRACT FOR PIPE LINE
ACROSS OR ALONG RIGHT OF WAY
THIS AGREEMENT, Made and entered into as of this 8th day of Mereh 19�
-between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the "Railway," and
CITY OF LUBBOCK
Of Lubbock State of Texas 79412
hereinafter called the "Licensee."
WITNESSETH:
ARTICLE 1: In consideration of Five hundred do32ars ($500.00) initia-t a.n8 only to be paid by Licensee
to Railway immediately upon the execution of this agreement, and an annual Fental e4 payable 1R advaFies, and upon
the terms and conditions hereinafter set forth, Railway hereby grants unto Licensee license to enter upon the premises of Railway at.&"mw
Mile Post L-357+1516 r , Lubbock, Lubbock County, Texas and construct and thereafter maintain across or
along said premises at the sole expense of Licensee, a twenty One ( 21 j Inch pipe tine to be used for conveying
water only, the location of said pipe line being shown in red on the Railway's print
No. 2.1-106/312-4 hereto attached, marked Exhibit "A" , and made a part hereof.
ARTICLE 2: The top of said pipe line shall be placed at a depth of not less than five (5) feet six (6) inches below the base of the rails of
the track or tracks of Railway where it passes under the same and not less than three (3) feet below the surface of the ground at any point
on Railways property. If the said pipe line shall be of a diameter four inches or larger the portion of same directly under the said track or
tracks, and under the roadbed thereof, shall be of cast iron or other material of approved strength.
ARTICLE 3: The said pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as
shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains,
cars or business of Railway over its track or tracks now laid or hereafter laid on said premises, or in any manner interfere with the present or
future use of said premises. The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said
pipe line except forty-eight hours' notice to Superintendent of Railway, and then a designated representative of Railway may oversee or
inspect all of said work as it progresses, at the expense of Licensee, and performance of such work shall be subject to his approval. If deemed
necessary by Railway so to do, Licensee shall, at the expense of Licensee, support the said track or tracks, as directed by Railway, while the
work of constructing, maintaining or removing said pipe line is being done. ,; See Notation — Signature Page
In the event the pipe fine shall be used to carry any liquid or"other substance under pressure, and shall be located under any track or
within forty-five (45) feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in
accordance with Railway's Plan No. 105998 D, copy of which shall be attached to, and thereby become a part of, this agreement.
In case Railway shall, after said pipe line has been constructed, build upon its premises any additional track or tracks, or structures, or
make any changes in existing tracks or structures over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its
said pipe line as may be necessary to make the same conform in its relation to said new tracks or structures, or changes in existing tracks or
structures, in all respects to the conditions herein required for said present tracks or structures, or as may be required by the Railway.
ARTICLE 4: In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe line
which in the opinion of Railway in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railway, the
Licensee immediately shall discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid all
such interference. Licensee further agrees to indemnify and save harmless Railway from and against any damages, claims, losses, suits or
expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railway by the
operation, use or existence of any such grounding system.
ARTICLE 5: The Licensee further covenants and agrees at all times during the existence of said pipe line upon the premises of Railway to
keep and maintain the soil over the same thoroughly compacted, and the grade even with the adjacent surface of the ground, and that
Licensee will at all times release_ protect, indemnify and save harmless Railway from all claims, demands, judgments, loss, costs and
expenses, for injury to or death of any person, or loss or damage -to the property of any person or persons whomsoever (including both
parties hereto and their employes), in any manner arising from or growing out of in whole or in part, the construction, reconstruction,
maintenance, operation, repair, change, existence, use or removal of said pipe line or the subsidence of soil over the same whether caused by
the negligence of the Railway, its servants or employes, or otherwise.
ARTICLE 6: If Licensee shall well and faithfully comply with all the terms, convenants, and conditions herein set forth on the part of
Licensee to be observed and complied with, the license herein granted by Railway shall continue in force to the full expiration of the period
of one (1) year from the date hereof, and thereafter until terminated, upon not less than sixty (60) days written notice by either party
hereto to the other; but if Licensee shall fail to perform any of the covenants herein contained, Railway shall have the right to terminate this
license forthwith and without notice. Any notice herein provided for shall be sufficiently given and delivered if mailed in an envelope
properly stamped and addressed to Licensee. Upon the termination of this license in any of the modes herein provided for, Licensee shall, at
its own expense, upon being notified so to do by Railway, remove said pipe line from said premises, and restore the ground to a safe and
level condition, and in case of its failure so to do, the Railway may at its option, either remove the said pipe line from said premises at the
sole expense of Licensee, or disconnect the same at points where it enters and leaves the said premises.
ARTICLE 7: The Licensee shall not trasfer or assign this license without the written consent of Railway:Xhe said license shall be binding
upon the heirs, personal representatives, successors and assigns of the parties hereto.
ARTICLE 8: Licensee shall comply with all applicable laws and ordinances and all rules, regulations, and requirements of any
Governmental authority promulgated thereunder controlling environmental standards and conditions on the premises. If, as a result of the
Licensee's occupancy of the premises and its operations hereunder, any such law, ordinance, rule, regulation, or requirement is violated,
Licensee shall protect, save harmless, defend, and indemnify Railway from and against any penalties, fines, costs, and expenses, including
legal fees and court costs incurred by Railway, caused by, resulting from, or connected with such violation or violations.
NOTATION: The Track Supervisor Mr B . S. Myers of _____ L- -L _____ � Texas
UM Inspect the pipe line encasement and approve or disapprove the line prior to permitting
t h e installation of the Carrier Pipe.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first herein written.
ATTFSTe
�. Secretary.
ATTEST:
APPROVED AS TO FORM:
/r/ 40,
Recommended: Attorney.
Uhlerng neer
FORM 97026 B-73
FORT WORTH AND DENVER RAILWAY COMPANY.
By
Its Asst. to President
C F L BOCK
Licensee.
P sRstorm: +'
c
bed O. Senter, Jr., City At may,
General Manager
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Fort tilorth and Denver :railway Company,
1 3 RD. SUM. - PI,ADIS JCT. to LU13BOCK
v o Lubbock, Tees, IL P.L-357+1516,
Sketch Shorting Location of Proposed
Vt ;later Pine .Line Crossing Desired'
by City of Lubbock
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,`Office Chief Lngr. Fort Worth, Te.ms
"Na-rch $, 197SWIle: 1" = 4001
... �. �,. Lubbock County., Texas
s ` CONSTRUCTION OF PIPE LINES ON RAILWAY RIGHT OF WAY
GENERAL REOUIREMENTS: Pipe Imes under railway tracks or across or along railway right of way shall conform to current American Ra)lway
Engineering Association Specifications if constructed in the United States and shall conform to current regulations regarding pipe line crossings -under
riaroad as issued and amended by the Sparc of Transport Commissioners for Canada it constructed in Canada or where laws or orders of public authority
prescribe a higher degree of protection than specified herein, then the higher degree of protection So'specified shall be adhered to.
Plans and specifications for proposed installation shall be submitted to railway division superintendent and meet the approval of the railway company
before construction is begun. Plans shall be drawn to scale showing the relation of the proposed pipe line, angle of crossing, location of valves, railway
survey station, right of way line and general layout of tracks and railway facilities. Plan should also show a cross-section for sections) -from field survey,
showing pipe in relation to actual profile of ground and tracks, complete description of material to be used, and location of jacking and receiving pits.
if open cutting or tunneling is necessary, details of sheeting and method of supporting tracks or driving tunnel should be shown.
The execution of the work on the railway right of way. including the supporting of tracks, shall be subject to the inspection and direction of the Regional
Manager Engineering of the Railway Company.
Pipe lines shall be installed under tracks by boring or jacking if practicable. Boring excavation must not exceed the outsido diameter of the pipe. Jacking
or boring of corrugated metal pipe, cast iron pipe or pipe with flanges, bails or couplings will not be permitted.
Pipe lines snail be located, where practicable, to cross tracks at approximately right angles thereto but preferably at not less than 45 degrees and shall not
pre plated within a culvert, under railway bfidges or closer than 45 feet to any portion of any railway bridge, building or other important structure, except
in special cases and then by special design as approved by the Assistant Vice President Engineering of the Railway Company,
Pipe lines laid longitudinally on railway right of way shall be located as far as practicable from any tracks or other important structures. Pipe lines
carrying flammable products or products under pressure located within 25 feet of the centerline Of any track or where there is danger of damage from.
leakage to any bridge, building or other important structure, shall be encased or of special design as approved by the Assistant Vice President -Engineering
of the Railway Company.
Pipe lines laid longitudinally on the railway right of way. 50 feet or less from the centerline of track shall be buried not less than 4' 6" from the Around
surface to top pl pipe. -
Where pipeline is laid more than 50 feet from the centerline of track, minimum cover shall be 3 feet.
If additional tracks are constructed in the future, or Railway Company determines that roadbed should be widened, the using shall be extended
correspondingly.
PIPE LINES CARRYING FLAMMABLE SUBSTANCES
This Includes oil, gas, gasoline, petroleum products or other flammable or highly volatile
substance under pressure.
i
APPROVED CASING PIPE:
Steel or Cast Iron for all pressures.
ALL MINIMUM DIMENSIONS MEASURED NORMAL TO OF OUTSIDE TRACK
Y
25' Min, (Casing Pipe Sealeda 25' Minimum (Casing Pipe siated)
45'Min, (Casing Pipe Open) O cr �"— 45' Minimum (Casing Pipe open)
Y 45' 0 t Q u. Vents to be at or outside R/W line f `
Minimum Lu C) be :2¢ 45' Minimum
IStandard A.R.E.A. pipe u, Z Q *0P 1 Standard A.R.E.A. pipe line sign
4
1 line sign Toa of slope O Ditch line Zrr 3' '
N. MIN.
3' MIN. 4' 6.. MIN. 5' 6" MIN. T _
- _ 3' MIN.
VsIAL '-CASING PIPE (See table for minimum wall thickness) SEAL/
CARRIER PIPE TO MEET CURRENT A.R.E.A.' SPECIFICATIONS
Inside diameter of casing pipe shall exceed outside diameter of carrier pipe by 2" for carrier
pipe less than 8" diameter, 3%" for 8" to 16" carrier pipe and 4Y; ' for carrier pipe greater than
16" diameter,
PIPE LINES CARRYING NON-FLAMMABLE SUBSTANCES
This includes steam, water or any non•flammabie substance which frorn its nature or
pressure might cause damage if escaping on or.in the vicinity of railway property. Sewers
and drains do not require casing pipe unless conditions exist which will tindanger security of
track, but should be of sufficient strength to withstand E-72 raitivay loading,
APPROVED CASING PIPE:
Steel or Cast Iron for all pressures,
Reinforced Concrete or Corrugated Metal for pressures Jess than 100 P.S.I.
ALL MINIMUM DIMENSIONS MEASURED NORMAL TO ( OF OUTSIDE TRACK
Y Y
tY
a1 1.5D+12'
�z� �o 25' MIN.
,,to ZI
Q 3' MIN.
car a 2 < 5 . su
0 0 CC cc
C t _Z
i too
LL _
2• 0 4.6" 5.6.. D,r 'T
IIN. M 1 A I;N. I .3• MIN.
LASING PIPE FOR E 72 LOADING
WALL THICKNESS FOR STEEL CASING PIPE
(MINIMUM YIELD STRENGTH 35.000P.5.1•)
PIPE COATED OR
PIPE NOT
DIAMETER OF
CATHOOICALLY
COATED OR
PIPE
PROTECTED •:
CATHODICALLY
INCHES
MIN, THICKNESS
MIN. THICKNESS
INCHES
INCHES
0.188
OA88
UNDER 14
0.219
0.282
14 AND 16
0.250
0.312
18
0.281
0.344
20
0.312
0.375
22
O.344
0.406
24
0.375
0.438
26
0.406
0.469
28 AND 30
0.438
0.500
0.469
0.531 _
34 ANO _G
0.500
0.563
35.40 AND 42
CAST IRON PIPE:
Installation must be by open trench. Pipe
shall conform to American Standards Assn.
Specification A21 class 150 for 12" and under
and class 250 for over 12". Pipe to have
mechanical joints or compression couplings.
REINFORCED CONCRETE PIPE:
Pipe shall conform to current A.S.T.M. C-76
tabte IV, wall "W'•
CORRUGATED METAL PIPE:
Pipe shall be galvanized, asbestos bonded
and asphalt coated.
Gage of Metal Diameter of
before galvanizing pipe
U.S. Sid. gage (inches)
14 18 and under
12 24. 30. and 36
10 42 and 48
Where the ends of the casing are below ground
they shall be suitably protected against the en-
trance of foreign material, but shall not be tightly
sealed.
""'rCASING PIPE (See table tot minimum wall thickneml
Where the ends of the cosinti are at or above ground surface and above high water level they may be left open, provided drainago is afforded
In such manner that leakage will be-corulueted away from railway tracks or structures,
CARRIER PIPE TO ME ET CURRENT A.R.E.A. SPECIFICATIONS
Inside diameter of casing pipe shall exceed outside diameter of carrier pipo, joints or couplings by 2" for carrier pipe loss than 6" in
dismmer•and 4•' for corner pipe 6" in diameter and larger.
TYI..... Tin 1 OrIC)O t-13