HomeMy WebLinkAboutResolution - 062278K - License Agreement For Electric Supply Line - ATSF Railway Co - 06_22_1978JWF:bsb 78-37-194:, 512, (40a)
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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 Agreemen
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. 679 f 835.0, near
Burris, 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.
DIRK WEST, MAYOR
ATTEST:
Treva' Millips, City: -Se etary-Treasurer
APPROVED AS TO FORM:
f
Senter., Jr., City torney
Ct-27705
Farm L14I $taadard
(Approved by Genecia 6otlotior)
LIC=sID Ton
MXACOMC SUPPLY LOM AM08S On AIAMG nIILWAY PBOPIMEM
ONeetalo Light. Pomw SupplY sad TmUes Lines, Irrespective of 4otts4'e, Overhead or Underground)
;.... 1 `. ,.; ..' �- :�r _ . ,... t is .•
,
t , r
belweea ' 'YTEE 'ATCHHSON,'��AND SAnA: rRA1 *A� Oidi ANY.
�-1Delaware
to F borpbra on `(h t� "San e and
F I
CITY'OF'LUBBOCK ` TEBUi a' Municipal: coipi tatioa acting `herein b its
`MayoY, hereunto - �1u1)r' authorised
1(heteina terl vvhe#her one party or ifi; called ``:icenswle .
s.
hereinafter expressed covenant and agree as
follows
In the parties .heretc� for. .'. - f . , the h
1.° Inconsideration of the sumjndr%L Effy "d Ne/]'pouts - •• in Dollars
ria.nn �) in hand paid by Licensee to Santa Fe, the receipt whereof is herebyacknowledged,
anxi:of this covenant and agreements of Licensee hereinafter set forth, and of the faithful performance by
Licensee . of thb same, Santa' Fe license and termite Licensee to construct,° maintain and ,,use an electric
supply line containing a,=Wmum :of three (3) �_cosiductors across or along the
. a Santa Fe at,`or hear the etal u. 49 Htin ria, Ltibbeck cennty 0 TezAS
f ,the kind and u of said coAductott the � hasd,
equeln and vdltage of the +d ei&M6 ldfcnit tafff d electrit supp�y line
it ed thereon and the ecatiori fQf bai
being more particularly shown upon the print hereto attached, W.--IL-21?9 _
*r+A'` aiitl made 8 laer f� 1 r hVaien ebb said
y *1th all iconductors,imd their ..�pportiog. or to atru�ctI&O I in so fair ss they
Mite. au I nc,
Mite. lei a it ectric Biipply line upon laid. e, is horeinafter the •'Electric Snpppr ins."'
2 ,ilk nse,e shall, pee's t Licensown cost, construct and at all #�mes maintain,the Electric supply one
In ct accordance with the Specifications, for thetime current, for -Electric Supply Lines across �vr along
Railway property, adopted by the E� Section of the Association :qf. American: Railroads, , or any
successor agency, except, whereby statute,or ordef" of competent public authori a different type of con-
struction or a different .degree of maintenance is required or .permitted,; in w case .such <construction
or maintenance shall be in strict accordance with such statute or order, provi4ed ho ever, =all nisterials
and workmanship m loyed in the construction and maintenance of the Electric 5�upp�r Line shall be sub.
ject to the' appr SantaFe-M,. ,
and will at all times keep the space around such poles free of such material, and if , removal of such poles �. Licensee shall at T ice busti'ble material from �bund woo'deai
bustible material shall not be attended to withinfifteen, (16�days after having been rVquested by Santa
Pe so to do, - Santa Fe shall have the right itself to perform a work and Licensee hereby. agrees to reim-
burse Santa Fe for the expense so incurred. :: p
4. • During construction and while repairing_, renewing or changing the Electric Supply Line, Licensee
A611 exetcise utmost and extraordinary diligence to the end that ;no `+damage shall ;occur;�to the propel
oft SantaFe, and that there shall be no inwith-the operation of its railroad. Upon comp eI tion
Of!
f tcensh ee s awnc Supp estore said fter t e tmaki� any changes, repairs or renewals , LLicensee shalt, at
. former state • and :Licensee ' shall, „ within , fifteen' (I6)
days after receipt of; bill therefor+ pay to Santa b'e the entire cosy incurred in employing watchmen or such
other means of protection as in the judgment of Santa Fe may be required during the construction, main
to an, .xepair,'renewal or tihariging of the Mettric Supply Line. s-
W th .tho Electric Supply Chia WM in way intbrfoe, including the relocatio f of Its g of th with
' 6. If at any time during the term hereof Santa Fe shAll dadre to make any
n'� existing br the
etibn of iiew lines of poles, wits'conduits and other facilities in which it shall have andinteitit, Let-
tensee $hall, t Licensees own cost,' within thirty (30) days after receiving written notice from Saht� Fe
to smt h Wd-;Z make With chaftot.In the Elecirit Supply Line as in -the judgment of Banta` Fe inap bib
necbssli�, to Oold'ititerfekohed frith the proposed use of its property
6. ' Santa Fe shall have the right at Its election itself to construct the Electric Supply Line, and at any
time -to make such:repairs,renewals' or, changes therein as it may deem: necessary or desirable,'andyin' the
event Santa sh Fe shall decide to exercise such right, Licensee all ' advance; to Santa Fe the:'cost; as =sett%
matedsby Santa'Fe, of such construction; repair; renewal or change. 'If the actual cost'incurred' by Santa
Fein performing such work'6hall prove more or less than theamount so'advanced,•the difference shall be
promptly paid by Licensee or refunded' by Santa Fo as the case may be ,h Santa Fe may, at its" election, adf
vane the. necessary moneys to cover such cost and, in that.. case, Licensee agrees promptly upon demand
to pay. to: Santa .Fe all sums. so- advanced, with interest.
Santa Fe and other companies
. ,�
7. Licensee shall at all times indemnify and save harmless J operating
over its tracks against, and shall pay in full; all loss, damage or expense that they. or any of them, may
sustain; incur or, becomeq liable for resulting in any • manner from the construction; I maintenance use;
state- of repairs orpresence of the Electric Supply Line upon said premises, including any such loss, damn
a e or expense arising out of (a) loss of or, damage to property,; (b). injury to or death:of persons,; (a) me»
c cs' ;or other liens of any character, or . (d) taxes or assessments of any ldnd ,
8. Since this license is L made in part for the benefit of other companies operating over Santa Fe's
tracks; any of said companies may sue to enforce the provisions hereof, either jointly or severally, as their
interests maybe joint. or several None of said:: companies nor the Santa Fe shall be liable for any damage;
howsoever caused, to the Electric Supply,,Linej whether due.to negligence or. otherwise.
9. If-iteensee s,h" a!ll at anyor refusal
or refuse to comply with or carry out: a o
in contained, and each f the "covenants hero
al shall continue for a period of thirty (30� dlectlon,,or
s after written de-
mand for'such,performance or compliance shall have been made upon Licensee byazlta Fey Santa Fe
may, at its- election;. without/notice, forthwith revoke this license, and:in case of such upon any
termination hereof, Licensee shall, upon request, forthwith remove the'Electrio Su ply Line restore
said premises to the condition In which they were prior to the construction of the �lectrie SupplyLine.
In case Licensee shall -fail tomake such removal or restoration. within thirtyi (30) days; Santa Fe- may
9roceed with such work and Licensee shallpromptly repay to Santa Fe the cost •thereof No, waivex: by
ants Fe of any default or, defaults; ors the right to terminate this license,,. shall be deemed held to be a
waiver of the right to terminate the same for, any, subsequent default. or, defaults, but notwithstanding
such waiver Santa Fe may terminat6 thio license upon any subsequent default or'defaults which may oc-
cur;, nor shall any termination hereof release Licensee from any liability or obligation hereunder, wheth
er of indemnity or otherwise, resulting from any acts; omissions 'or events happening prior to the date of
termination or such° later date- when the Electric Supply Line may be removed and said premises restored
as hereinabove provided.
wh and most eifectiQ methods to protect the lines, .. ` .
10 Li .
ceases shall at �sll tin at "Licenses s own cost, maintain the most effective system and use
the best kno � wires,' and service of: Santa Fe and of aRp
licensee of Santa Fe whose permission to use said premises antedates the license and permission herein to
Licensee, from, interference and physical hazard, and it necessary in order to prevent such interference
or hazard, Licensee shall, at Licensee's own cost transpose Licensees circuits or make such changes in
the construction or location,of the Electric Supply. Linel, as may be specified by Santa Fe:
11. In case of the eviction of , Licensee by any one owning or claiming title to or any interest in said
premises, or any part thereof, Santa Fe shall not be liable] to Licensee for any. damage of any nature what,
soever, tir to refund any moneys paid hereunder. , ,
12. Any notice to be given by Santa.Fe to U
if, the same be delivered to Licensee or if deposil
Z.O. Box. 2000, : Lubbock,,- Texas ,
,e hereunder shall be: deemed, to be properly served
i the Post Office, postpaid, addressed to Licensee at
M 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 license. mar bey terminated by either arty hereto upon ^� *months' notice
in writing to be served upon thg other pgrty, stating therein the day of, the month that such termination
will take placd; and upon then expiration of the time spedU&hf'such" no ce this license, and' all rights and
privileges of _Licensee thereunder, shall absoln�,_eease. This license shall terminate in any event im-
mediately upon -,the death of the Licensee, if the sole Licensee is an individual.
15. This license shall be binding upon and inure to the benefit of the parties and, their- respective legal
representatives, successors and assigns; provided, however, no assignment hereof b►'Licensee; Licensee's
legal representatives, successors or assigns, non any subsequent assignee, shall be binding upon Santa Fe
without the written consent of Santa Fe in each' instance, and at the option oY Santa Fe this license shall
be forfeited by any such voluntary assignment or by any assignment thereof by operation of law.
,
IN WITNESS WsE=F, the parties have executed this license in duplicate as of the day and year first
above written.
THE ATCHISON,, TOPEKA AND SANTA FB R 4jLWAY COMPANY
APPRovED : By
As to Description:
Its Assistant to General Manager
Chief Engineer
As to Specifications: CITY OF LUBBOCKIL TEXAS,
By f,%
Superintendent of Communications
Its Mayor
( )
(Attaeh.Print here)
Hall 1172 2M 5987
EXHIBIT "A"
TO CONTRACT BETWEEN
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
PZA /N5 DIVISION ICOe DISTRICT IR17
AND
C -y 491-rZ�1156OCk 7Z-XA 5
17 /
Aomnw e-14 elac-N-54=
NEAR
&J14
F945, ZOMOCK COdNT% TEXAS : T
SCALE I =A00' A.G. M.-ENGINEERING-AMARILLO, TEXAS N0. X - Z17.9
DATED:
e r.
/ 'ey lka'wgry ll*ry
10J.4i� 779
To T--xCo
10,
4 4i4lA'7RK, jo SZATON —47-7—
lo"WA7EX elAle
'N egAer le.$60
&
IMP
0
0
LENGTH ON
R/W
NO. WIRES
rj:&;U�Q.-A
POLES ON
R/W
Mw,—
SIZE WIRES
295 9=R
GUYS ON R/W
VOLTAGE
acy k
CLEARANCE
ABOVE
TC%P OF RAL 4"
PHASE
Tip c
CLEARANCE
ABOVE
RY. CO. COMMUNICATION LVES
CYCLE
TO BE CONSTRUCTED PER
AAR SPECIFICATIONS
A) 3
R/W MAP NO, L-8-.95/ STA. MAP NO. C-7-32:1
''
R E S O L U T I O N
C.
BE IT KNOWN that on this the 22nd day of June , 19 78
at a regular meeting of the governing body of the City of Lubbock 9
Lubbock. jexas , 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 acrosws or along railm.y
property from the Atcheson, Topeka and Santa Fe Railway Co. as Licensor,
for crossing at M.P. 679 + 835.0, near Burris, Texas
•
at or near said City of Lubbock 91
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 , Lubbock, Texas , such license,
copy of which is hereto attached, and the some 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 above a70 foregoing is a true and correct copy of a resolution passed by
the City of said City in regular session on June 22
19 78 , as the same appears of record in Book 37 , Page 512 , Minutes of
said City (��� Council.
IN TESTIMONY WHEREOF, witness my hand and the Seal of Said City this
day of July , 19 78
City Secretary
(SEAL)