HomeMy WebLinkAboutResolution - 062278J - License Agreement For Electric Supply Line- ATSF Railway Co - 06_22_1978y II -JWF : bsb
78-37-194-511 (40)
Q'e22/Zr T
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 as Licensee, a License Agreement
for Electric Supply Line across or along Railway Property from the Atcheson, Topeka,
and Santa Fe Railway Company as Licensor, for crossing at M.P. 676 � 2783.3 near
Lubbock, 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 22nd day of June , 1978.
zdk"��
WEST, OR
ATTEST:
T Wva.Phillips, City S cretary-Treasurer
APPROVED AS TO FORM:
0. Senter, Jr., City Attorney
Ct-27704
Farm n7l Standard
(ADVroved 17 General Sone ter)
ZMADOT rr_ SUPPLY LDW ALR488 OR AIA G RAILWAY PSOPZRTY
(MeeuU IdshL Power Soar sad Trolley Lhiar, Irrespeethe, of Peftag- ,R Overhead or Undertro md)
kSt q - q'S .7' [
aTffi9 LICENSE.' madeale df'•tlll°t, _llil�T 'fulls "lg 7_ $ :
betivi THE A=Ifl ON TOPEKA A14D SAN'TA `FE ANY.
i� ` RAILWAY COMP
Delaware.
t e
a ' ;• - , ' _corporation (herednafter called "Santa Fe') and
r EXAB corP=T;:.7, UBBOCK Tcpa2 oration. actiaghereei"n ,
y
✓:mayor :hereunto duly aUthorized
I ,
(hereinater.^erhether one party or more called "Licensee")
as
e' 8uadred _Fifty -herd hereinafter
o OOthsessed'c`v `
Wfineaa that the.parties hereto for the cbnsiderati errant and agree
folios ,
Ili In Qonsi eration of r r �• r ' Mars
the span of Do
{$) in band paid by Licensee to Santa Fe, the rece�'pt whereof is hereby acknowledged,
and of the covenants and .agreements of Idcensee hereinafter set forth, and of the faithful performance by
Licensee of the same, ,Santa Fe linen and perntit8 i Licensee' to :constrnct, maintain and :nee .an electric
aupplyline•,Containing a maximum of three i3i ���nductors across or along the
premises oftiita Fe at or near the station L k,, •Lubbock' County,, Texas
-ti the kind land gauge of said conductors; the base,
frequency, and voltage of the electric' circuit tarried thereon and the location of said electric on y line
R176
being"more paiRticularly shown upon the print hereto attached,' No.—�...__
11
dated 2 ' 14T8
Inakked "ExHlAt A7, and' made a part hereof. For convenience, the Said
electric suol line;'withi all +conductors end their Supporting- or 3containing struetures in so far as', they
'relate'to said electric supply line upon said premises, is hereinafter called the "EleetriceSupply Line."
fcanauu,
2. Licensee at Licensee s own co construct and at all times I maintain the Electric Supply, bins
r�iape with theBpecifications, for the time current, for Electric Supply Lines or. along
xaiiwsy
in strict y adopted by the Electrical Section of the Association of 'American -'Railroa , or, wW
coon air dime nt d Wgre of maintenance Is required or, I permitted, iA wilich , diSerent .type of Successor Ageme pf _competent public aurrtoobori s
stru �
S� Electric such :construction
or mainten ce shall.be in strict accordance with such statute or order;: video however, all materials
and workma hip employed in'tile corlstructlon and maintenance of the Sup dine Sall be sub.
Jett tc� the �ppriovai of Santa Fe. i
8. the work and Licensee hereby agrees to, Uceiiee's'hall, at Licensees own cost, remove all combustible material from around wooden poles
and willat'sll;times.keep the.space around such poles free of such material,: and If -removal of such com-
bustible m�f ir'ial shall not be attended to within fifteen: (15) days ;after having been requested by Santa
.' Fe so.to do �a`nta;.Fe shall have the right itself to perform
reim-
burse $ants' a for the expense. so incurred,
Shall e, Duri' nstructlon and. while, repairing, renewing or changing the Electric Supply Line, Licensee
4. , . During,co d
that there shall' be no interference with ttrihe Upon eo of Santa Fe; la'pd" its railroader to the pr
e 'gtlnost and extraordinary. diligence to . , end t; no a shalloccur-
mp° eI tins
of Li�c nos els � oatrestoredue or after the Malting of Sny ges,,repaire o renewals,;Ucece` se :shall, at
i restore said premises to their,former, ;state and Licensee shill,
all wi teen (15)
days after Ft pf bill therefor, pay to Santa Fe the entire cost incurred in employing w&tclimen or such
other m 'protection as in the judgment of Santa Fe =" ay be required during the construction, main-
tenance, re� that renewal=or changing of the Electric Supply U�. ,
b.` If at iany time dy.ng the _term,hereaf Santa .Fe shalldesire to make any use of Its property, with
which the Electric,Supply.Une will in any way interfere,. Including the relocation -of existing;or the coni.
�eeee osnhallll; at lines of
own wireswi�d thin other �fya� facilities
ireceiiviing written notice from Sanntta F
to Buck .effect, make'such changes the Electric 1upp Line as7in .the judgment of Santa Fe May, be
necessary to'avoid.interference with the proposed }use of,its property.: �,
6.,. Santa Fe shall have the right at -its -election, itself to construct the Electric cost;- as esti-4
SupFly Una, and at any
time. to make such r6parepairs,renewaloo; changea therein:
as it may deem! necessary or desirable, and In the
event SantaTe shall decide,*to'exermse such right, 14ceiisei 'hall advance to Santa Fe:the 'cos
mated: by Santa- Fe,: of suchconstruction,_:repair, renewal or changew .If the actual, cost hiciriid- � by 8'anta
Fe in.performing such. work shall prove more or less thanthe amount ad advanced, the difference shall be
promlitly paid by Licensee or,rdunded-by Santa Fe...as the case may.be., Santa Fe. may; at its election, ad-
vance the necessary moneys to cover such cost and, in that case, Licensee agrees promptly upon demand
to pay, to SantaTe all sums ad adViteed, with. Interest.:
7.U66nsei ibill it all timed7indemnify^
and Bane s1 and' othei iompinfe 8*. operating
over Its tracks, against,'and shall pay in fall, all loss, damage or exjTnae that they, , or any of , them, may
sustain,;
incur.'*;, become liable - for, resulting in any manner 1rom the eonstructi6n,, maintenance,; use,
state of repair, or pr�.esenqe of.the Electric Supply Lineup= said:piemisea.1jaeludifig any such loss, dam.,
age or expense a, Hsing out of (a)'Ibss of or4amage to Pim,6
chanics'protligr Heiiii of: any, charatteri or, (d) taxe4.o;assisp�of a4 kind.
I I I I ; : 4 ..
Since this license is made in part. for the benefit of other companies operating over Santa Fe's
tricks, any, of said companies may, sue t , o�enforce the provisions hereof,eitherjointly,or severally, as their
Interests, may: be I or several.: None of sald'companigs. nor the Saiiii F4 shall. be liable for any, damage.
Jo nt
howsoever caused, to the Electric Supply IAAe_j whither due to negligence-, or otherwise.,
9. If 14censee'shall at any 'time falf or ref axe to com"'ply- w ith'or carry out any' of the covenants, h. ere -
in contained, and such failure; or refusal shall continue for a period of thirty (30) days after written de-
mand for sueb,performance or compliance shall ,have been: made upozi Licensee,, by Santa,.I?e,. Santa 1?0
m a election, this license, and lj� case,of such election, or upon any
a 3 ' ct'o
Y't It ""Inat'" hereof,
forthwith removes the Electric Supply Line and
s d premises
o*-totheconstmcU6n:of,-the -Blectr ,Supply. I Ic
said
r m1s I
In pe TA-cens e restoration.. within thIrtyj,.(SO), days San
proceed
w_ S with such repay to I Santa: Fe the cost 6;;N1;:, 0 waiver, by.
Santae of
an ,F f t .anyI defanl� or def salts, or. the right to .terminate this .1166=4,shall-b6deemed, I held -to a
I r sr
waiver of the right to terminate a same or any sub"quent'd a o;; defaults, but notwithstanding
'such waiver Santa Fe may twmifiiat6 this 2eense upon aay subsegu6nt'default or'ddaultd'which may' oe-
cur*,' nor shall any termination hereof release Licensee from liability or obligatidn hereunder, wheth-
er of Indemnity or otherwl", resulting from any acts" omissions or 60=4 happening prior. to the date of
termination or such later date when the Electric Supply. Line may be removed and said premises restored
as hereinal)6ve' providecL'
10. Lieensee ahalat'ili i1nies, at Ucense6Ws own coot;`m maintain the' system and use
the best known and most effective methods to protect the lines,; wires - and- service of Santa - Fe and of any
licensee of Santa Fe whose permission to use said premises antedates the license and permissions herein to
Licensee, from interference and physical hazard, and if necessary in order to yrevent, such Interference
or hazard, Licensee shall', at Licensee's own cost, transpose LicensWe circuits oif.make such changes in
the construction or .Iocation- of . the Electric qupy,y Line as may be specified by Santa IN;.
IL In case of the eviction of: Licensee .by any, one owning or claiming title. to or W Interest In said
premises, or any, part thereof, Santa A shall not 64 liable to Licensee for any .dainage of ai ny nature what;
soever,, or to refund any moneys paid: hereunder.
12. ,any notice to be given by,SantaYe to,ldcenses hereunder 8 deemed to be properly serve ,,, . be deemed 4
H the same be delivered to Licensee or if deposited In the'Post Office poi paid,- addressed to Licensee at
t , !
T. Q, Box 2000j, Lubbock, - Texas, 79457:
13., In. the event Licensee herein. consists of . two or more parties, all the covenants and agreements of
Licensee herein contained shall constitute the joint and several covenants and agreements of such parties.
14. This 116 inAd "=bei terminated breither, -party hereto upon ----months' notice
In writing to be served upon the other party, stating therein the day of the month that such termination
will take placei-audupopthe expiration of the time specified is such notice," license,,. and all
rights and
privileges of Licensee thereunder shall absolutely cease. This license shall terminate in any event im-
mediately upon the death of the Licensee, it the sole Licensee N an individual
15., This, license shall bq binding upon and Inure to the benefit of the parties and their respective legal
representatives; I;re,representatives,
,e ' �4s
� 4 ep: written consent of Sang Fe in each instance, and at the option'of Santa Fe this license shall
en
w
ithout
the forfei by any such voluatary assignment or by any assignment thereof by operation of law.
'----I ! _V " "
C r_ 2770¢
EXHIBIT "A"
TO CONTRACT BETWEEN
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
/-MAINS DIVISION / 0C44:7ji DISTRICT
AND
Co vtR /1vC? Llco_51/lgCG
N,EA2
L U,880CK, LIJ&eOCK C0C11Vr y, r/=XA 5
�o SCALE I = /UO A.G.M.-ENGINEERING-AMARILLO, TEXAS No. X- 2/7�
DATED: MAY zG)197&
6Dc
%RK, A /0, /8G 2
&79K, No, 65� �
�.Pr. Cow u ClN —a
7o 7C-xieO 3 J�So
/5TA•/Z5t0
.""Go
�\
Q7
Sv,
�..�.. - /� CO ...-. _....... !_.i..._._�- .�.
'eI4'rY Li vr' \ • * ro SL ATOM
{-f
LENGTH ON
R / W
NO. WIRES
z�-A�uMnvciM
POLES ON
R/ W VQ&9=_-
SIZE WIRES
795 f►SCR
GUYS ON R
/ W
VOLTAGE
Wdkv
CLEARANCE
ABOVE TOP OF RAL 5.. 9 _
PHASE
rHREE
CLEARANCE
ABOVE RY. CO. COMMUNICATION LINES
22� CYCLE
�n0
V-G -T
TO BE CONSTRUCTED PER
AAR SPECIFICATIONS
-/MAP 32
-
PA K 2 �3
R/W MAP NO.
STA. MAP NO•/PO38
c
'Ix Wmzws WH=or, the parties have executed this license in duplicate as of the day and year first
above Written.
THE ATCHISONa TOPEKA AND SANTA FE RAILWAY COMPANY
APPxOVM : By ti
As to Description:
Its Assistant to General Manager
Chief Engineer
As to Specifications: CM OF LUBBOCK TEXAS
BY
Superintendent of Communications IEW&M
Its Mayor
(Licensee)
(Attach Print here)
Hall 1172 2M 5987
w
R E S O L U T I O N
--o Oc —
BE IT KNOWN that on this the 22ndday of June , 19 78
at a regular meeting of the governing body of the City of Lubbock
Lubbock, Texas , there came on to be considered the matter of the exe-
cution of a license between the said City of -Lubbock
Lubbock, Texas , and The Atchison, Topeka and Santa Fe Railway Company,
relating to License Agreement for Electric Supply Line across or along railway
property from the Atcheson, Topeka and Santa Fe Railway, Co., as Licensor,
for crossing at M.P. 676 + 2783.3 near Lubbock, Texas
at or near said City of Lubbock
whereupon the following proceedings were had:
It was moved, seconded and unanimously voted that Dirk West
, Mayor, be authorized and empowered to execute on behalf of
the City of Lubbock I Lubbock, Texas , such license,
copy of which is hereto attached, and the same be recorded in the Minutes of the
City Commission at the foot of this resolution.
- - - - - - - - - - - - - - - - -
STATE OF TEXAS )
COUNTY OF LUBBOCK )
I, EVELYN E. GAFFGA , City Secretary, do hereby certify
that the ab ve foregoing is a true and correct copy of a resolution passed by
the City c� of said City in regular session on June 22
19 78 , as the same appears of record in Book 37 , Page 194 , Minutes of
said City 0ommbmAW= Council
IN TESTIMONY WHEREOF, witness my hand and the Seal of Said City this
day of. July , 19 78 .
M City Secr t r
�SEAL)y