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HomeMy WebLinkAboutResolution - 082478O - Electric Tansmission Line License - Fort Worth&Denver Railway Co - East Lubbock - 08_24_1978` 11 JWF : yb 0 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 authoriz and directed to execute for and on behalf of the City of Lubbock an "Electric Transmission Line License" with Fort Worth and Denver Rail- way Company` for three crossings of said railway company's right-of- way in East Lubbock, 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 24thiay of August kit' sk 11 flummarmi 1.�11 ATTEyST: '74e n g i�Vet T r e a s u r e r APPROVED AS TO FORM: � � , Ross, Jr., City At rney , 1978. Dup. Qr)bet a�1 of ELECTRIC. TRANSMISSION LINE :LICENSE THIS AGREEMENT, Made this 12th day of May , 19 78 between FORT WORTH AND DEMM RAIL WAY COMPANY, and hereinafter called the , COMPANY," party of the first part, and CITY' OT' L iBBOCK hereinafter (whether one or more persons or corporations) called the "LICENSEE," party of the second part. Witnesseth• In consideration of Five' Hundred ($500.00) Dollars initial innd only to be paid by the Licensee to'the Company upon execution of this agreement and of the covenants, promises and agreements of the Licensee hereinafter set forth, and of the faithful performance by the Licensee of the same, the Company grants to the :Licensee, upon the conditions hereinafter set forth, license and permission to construct, maintain and use an electric transmission line consisting of poles or metal towers supporting 4 wires, phase, " cycle, carrying 2�0 Volts, across or along the right of way or station grounds of the Company at or near the station of Lubbock, ubbcCek County, T% r the location of said transmission line being more particularly described as follows: Said ;transmission line crosseBiXailway Comlpany'2 200' right of way at right angles to Rail4ay's ?file pole* L--5570166, and being shown upon Print No. S •P P. 22-1148/309-5 hereto attached and made apart hereof. For convenience, the said transmission tine, 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, tailed "Transmission Line.' In Farther Consideration of the foregoing grant, the Licensee covenants and agrees with the Company as follows: 1st. The Transmission Line shalt be constructed and at 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 Railroads 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 in strict accordance with such statute' or order; provided, however,` all materials and workmanship employed in the construction and maintenance of the transmission line shall be subject to the approval of the duly authorized representative of the Company; and the Transmission Line shall be so constructed, and at all times so maintained, that all wires thereof, carrying 00 volts or more, shall have a minimum vertical clearance of thirty-six (36) feet over the top of all rails of the Company's railroad crossed thereby, anything to the contrary contained in said Code and specifications notwithstanding. Further that no.transformer shall be fnstalled'by the,Lkensee on said Transmission Line within one hundred (100) feet of the nearest point of the right of `;way of the Company, 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 Crept free fromunderbrush, grass and inflammable substance and material by the Licensee. 2nd. ` It is expressly agreed end understood that when the Licensee undertakes to, at any time, constructor 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. 3rd, That during the construction and while repairing, renewing or changing the transmission line, the Licensee shall conduct the work with care and diligence so that no damage shall occur to the property of the Company, and so that there will be 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 `be 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 the 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 4 overhead or underground, installation' on any;premises where said wire line is located the Licensee agrees that it will promptly, at its own cost and expense and without cost or-expense'to the Railway', Company or the Railway Company's lessees or grantees, upon receipt of written notice from the Railway Company so to do, relocate; change,'kir 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) agairlstl 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 transmission line upon the Company's premises (except 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 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 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. The Company shall not be liable for any damage to the transmission 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 -the railway premises by:;agreement of ,the Company prior to the date of this contract„ and will neither do any'act nor omit to do any act that will be in'aiolatlon of,the license agreement between the Company and such other licensee. FORM 97059 4-76 Sheet 2 of 2 7 h. 'aThat.rf Licensee shall at 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, the 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 maybe specified by the Company. 9th. If the Licensee moves or disturizs 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 iindemnify 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 Box 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 fora 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. 13th. 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 Whereof, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST:.. FORT WORTH AND DEM RAIL WAY COMPANY, By Its Asst. to res en CITY OF WE OCK Licensee. By AE D, "estwit. Mayor APPROVED A5 TO FORM: ohn C. Ross, Jr., City Attorney FORM 97059 4-76 '. • r _ K t. �8 Pop- 9 EXHIBIT '"A" 0 . ` ' o F. W. & D. RY. CO. 3RD SUBDIVISION — PLAINS JUNCTION TO LUBBOCK Z 8 LUBBOCK, TEXAS MILE POST L-357.66 SKETCH SHOWING LOCATION OF PROPOSED i'��r�.�. '"• OVERHEAD 240V POWER LINE CROSSING FOR "! ' !T;��"♦ �;, y' LUBBOCK POWER AND LIGHT OFFICE OF CHIEF ENGINEER, FORT WORTH, TEXAS a MAY 10, 1978 SCALE: 1" = 100 • i;;+t:N "� 'N .: �3 (' .o ';�' LUBBOCK COUNTY, TEXAS