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HomeMy WebLinkAboutResolution - 081078E - Electric Transmission Line License - Forth Worth & Denver Railway Co - 08_10_1978JWF:yb RESOLUTION 09/097 Z!F 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) an Electric Trans- mission Line License with Fort Worth and Denver Railway Company (as Licensor) for crossing the right-of-way of said railway company near its Mile Post L-357.66, by said City's electrical transmission line, 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 10th day of August 1978. DIRK WEST, MAYOR ATTEST: i G ffa ga, City Sec APPROVED AS TO FORM: C. Ross, Jr. , City Atorney hereinafter (whether one, or more persons or corporations) called the "LICENSEE," party of the second part. Witnessethi' Inconsideration of Five hundred ($500.00) dollars initial and only to be paid by Licensee to: he Company immediate]lp upon the execution o'f'th'is agreement, and tan annuol rental of $150.00 payable in advance and upon` the terms,' and, i and of the toyenants,!promises and agreements of the Li08nsee hereinafter set forth, and of the faithful performance by the Liceniea of the same, the Company' grants to the: Licensee, upon the conditions hereinafter set forth, license and permission to construct, maintain and. use an #lectric_transmission I. line consisting,of poles or metal towers supporting wires, 3 phase, 60 cycle, carrying i 138 000i Lubbock Lubbock P Volts, across or along the ril;I way or station grounds of the Company at or near the station of COUTYCy„ TXthe location of said transmission line being more particularly described as foilows: Said transmission line will enterCompany right of way at MP L-357+5093f andl ontinue west'57.44: and leave the right of way at V, L-357+5170'., then re-enter right'of way E. at MP <L-358+� 643' and continue; welist 575' where said line; leaves company right :of way ; at Mt? L-35& 2215' , thence continue west across AT&SF right of way and crgsses`Company l s main 11pe:;at Engineering Statipn 6410+40. Siaid transmission line will re enter Company right of stay at MP L-358+2618! gaid Continue i�0' west and; leave right of way, at MP Ir- 358+2687' l; SP 22-1149/312-5 and being shown upon Print No. hereto attached and made a part hereof. For convenience, 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 "Transmission Line." In Further Consideration of the foregoing grant, the Licensee covenants and agrees with the Company as follows: 1st.. TheTransmission Line shall be constructed andat all times maintained in strict accordance'; 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 Railroad' :for overhead crossings of electric Light and power lines, except where by statute..or oder of competent,'public authority a different type of construction Or a different degree of maintenance is required, in: which case construction and maintenance shall be i6 strict accordance with such statute or. order; Orb Tided, however, all materials and workmanship employed in the construction and maintenance of the transrission line shall be subject to the approval of the duly authorized representative of the Company; and the Transmission` Line =shall be so jconstructedt and at all times so a maintained,: that all Will thereof, carrying 300 voltsor more, shall have a minimum vertical clearance Of thirtysix `(36) feet over the lop of all rails of the Company's ,railroad Icrossed thereby, anything to the contrary contained in said Code and specifications notwithstanding. Furti lthat no transformer shall be installed by the Licensee on said Transmission Line within one hundred 1100) feet of the nearest point of the right of way of the Company, ry except upon written consent of the duly authorized representative of the Company. That the space around the poles or towers of the Transmission Line on or near the Company's property shall be kept free from underbrush, grass and inflammable substance and material by the Licensee}; 211 It is expressly agreed and understood that when) the Licensee undertakes to, at any time, construct or reconstruct, in`any manner or way said transmission line over the property hereinbefore mentioned and described, that before so doing the Licensee will give 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 line. 31 That durillthe construction and while repairing,. renewing or changing the transmission line; the Licensee shall conduct the. work with care and i diligence so that no damage shall occur to the property of the Company, and so that there will I 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 ¢a at the sole cost and - expense of the Licensee. If the Company shall, in a particular instance, determine that it is necessary for its own protection against th danger of damage arising during such work, it shall have the right, but shall not be required, to employ watchmen or other means for its protection; and if it shall do so, then the expense thereof shall be paid by the Licensee. 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 existing building, track, structure, or overhead or underground installation, or plage any additional building, track, structure, or overhead or underground installation on any premises where said wire line is located the Licensee agrees that it wilt promptly, at its own cost and expense and without cost or expense to the Railway Company or ithe 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. 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 loss of or damage to property, or injury 'to or death of persons resulting in any'manner from the construction, maintenance, use, state of repair,! or presence of the i transmission line upon the Company's premises lexcept where such loss of or damage to property or such injury to or death of persons is directly caused by 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 satisfaction of any such claims, demands, actions I. 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 4.: 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. i The Company shall 'not be liable for any damage to the }ransmission line howsoever caused. 6th. Licensee accepts the provisions of this contract and will occupy the premises of the Company subject to and in ;recognition of all rights of other licensees occupying ta railway premises by agreement of ithe Company prior to the date of this contract, and will neither do any act nor omit to do any 1, act that will: be in violation of the license agreement between the Company and such other licensee. FORM 97059 4-76 i Sheet 2 of 2 Ah. Rhat'if ticencee sltall',ot 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 shall, upon request, forthwith remove the transmission line and restore the Company's premises to the condition in which they were prior to the construction of said transmission line. In case the Licensee shall fail to make such removal or restoration within sixty (60) 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 a waiver of the right to terminate the same for any subsequent detault or defaults, but notwithstanding such waiver, tale Company may terminate this license on any subsequent default or defaults which may occur; nor shall any 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. 8th. That the Licensee shall 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 premises antedates the permission herein granted the Licensee, from interference and physical hazard, and if necessary in order to prevent such interference or hazard, the Licensee shall, at its own expense, transpose its circuits or make such changes in the construction or location of the transmission line as may be specified by the Company, 9th. If the Licensee moves or disturbs any of the property of the Company, then said Licensee agrees to restore said property in as good condition 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 have 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 officer of the Licensee, or if deposited in the Post Office, postpaid, addressed to the Licensee at BpX 2000, Lubbock, TX 79457 11th. 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 party giving to the other six (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. 1.3th. This agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns or heirs, executors and administrators; but the Licensee shall not assign, sublet or lease the premises in 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 be an assignment by operation of law, without the written consent of the Company, it is expressly agreed and understood that in such event the Company has the option and right to cancel this said license and contract immediately 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 same shall not be held to invalidate in any manner or way, any other provision or provisions, or article or articles, or parts thereof, of this said license and contract. 15th. If the operation or maintenance of the transmission line shall at any time cause interference, including but not limited to physical interference, from electromagnetic induction, electrostatic induction, or from stray or other currents, with the facilities of Company or of any lessee or licensee, or in any 'manner interferes with the operation, maintenance or use by Company of its right of way, tracks, structures, pole lines, signal and communication lines, radio or other equipment, devices, other property or appurtenances thereto, Licensee agrees immediately to make such changes in its own lines as shall be necessary to eliminate such interferences. The cost of any protective equipment and its installation shall be borne by the Licensee. In Witness Whei-epfj tKe parties hereto have caused this agreement to be executed on the day and year first above written. ATTES =� u. FORT WORTH AND DENVER R IL WAY COMPANY, Secretary ATTf `T: J W By its Asst. to President \ -- CITY OF LUBBOUK Eve y Gaf ga, City Sec a ary—Treasurer e Licensee. Approved:" �rav�lr►n By VV V1.rK WestIts Mayor General Manager eH, b��•0p9@pp�E�E •+aeee� e 6�i 3 q egg . 0 F �i 154 ti \ I � � I I .a.. Rom- I � I I v I I� '