HomeMy WebLinkAboutResolution - 2003-R0159 - Occupancy License Agreement For Sewer Line - West TX Railroad Co. - 04_24_2003Resolution No. 2003—RO159
April 24, 2003
Item No. 27
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, an Occupancy License
Agreement for a sewer line across railway property by and between the City of Lubbock
and the West Texas and Lubbock Railroad Company, Inc. to be constructed, owned,
operated and maintained by said City of Lubbock across said Railroad's right-of-way at
Seagraves Subdivision at Railroad mile post 8 + 686A E in Section 35, Block AK,
Lubbock County, Texas, attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 24th
ATTEST:
/
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
��� 6 cl�
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
ohn M. Knight,
Attorney
gs:ccdocs/Occupancy Lic Agrmt-WT&LR Co.res
April 7, 2003
day of April , 2003.
Resolution No. 2003—RO159
Occupancy License No. WTLC 021220 April 24, 2003
Page 1 of 3 Item NO. 27
OCCUPANCY LICENSE AGREEMENT
This Agreement (hereinafter "Agreement") made this March 24, 2003, by and between WEST TEXAS & LUBBOCK
RAILROAD COMPANY, INC., its successors, assigns or affiliated companies (hereinafter "LICENSOR"), whose address is
821 W. Broadway, , Brownfield, TX 79316, and THE CITY OF LUBBOCK, TX (hereinafter "LICENSEE"), whose
address is P.O. Bog 2000, 1625 13th Street, Lubbock, TX 79457
For valuable consideration as outlined herein, the receipt of which is hereby acknowledged, LICENSOR hereby conveys to
LICENSEE a license (hereinafter "Occupancy") to operate upon, along or across LICENSOR'S property as indicated below:
A. ( ) above ground ( x ) below ground
B. ( ) water pipeline ( x ) sewer pipeline ( ) gas pipeline ( ) oil pipeline
Including necessary appurtenances and other related fixtures, equipment, marker posts or electric power which are in, under,
upon, over or across LICENSORS property located at or near Mile Post 8 6864E at or near Lubbock, County of Lubbock,
State of Texas.
Said Occupancy to be located and described as follows:
UNDERGROUND 18" SEWER PIPELINE including necessary appurtenances and other related fixtures, equipment, marker
posts or electric power ("LICENSEE'S Facilities"), placed as shown on LICENSEE'S "Exhibit A" attach hereto and
made a part hereof. LICENSEE'S Facilities are subordinated to all matters of record. LICENSOR reserves the right
to use the area three (3) feet below ground level and to enter LICENSEE'S Facilities for construction and maintenance
of LICENSORS property.
THE UNDERSIGNED AGREES that the continuation of the Occupancy and use herein shall be subject to the following
conditions, the default upon same could cause LICENSOR, its successors or assigns, to terminate this Agreement and to order
the removal of LICENSEE'S Facilities and Occupancy. The conditions are as follows:
1. Said Agreement and Occupancy is granted contingent upon payment to LICENSOR of a ANNUAL fee of $520.00.
LICENSEE shall also submit a one-time agreement -processing fee of $600.00 engineering observation fee of $600.00
and a contractor right of entry fee of $600.00, which is covered by a separate agreement known as CONTRACTOR
OCCUPANCY/ACCESS LICENSE AGREEMENT, WTLC 021220A. LICENSOR reserves the right to adjust the annual
fee on each anniversary date of this Agreement, or at such other times as conditions warrants. Billing or acceptance by
LICENSOR of any annual fee shall not imply a definite term or otherwise restrict either party from canceling this
Agreement as herein provided.
2. In the event that the use as set forth above is (1) materially changed, (2) terminated or (3) LICENSEE'S Facilities are
removed, this Agreement shall automatically terminate.
3. This Agreement or Occupancy herein granted may not be transferred, assigned or sublet to another party not signatory
hereto without the prior written approval of LICENSOR. Said approval by LICENSOR, subject to LICENSEE'S
satisfaction of applicable transfer of rights or assignment fees in effect at that time, shall not be unreasonably withheld.
4. LICENSOR shall not be responsible for any damage to LICENSEE'S Facilities at any time while this Agreement is in
effect.
5.
a. LICENSEE HEREBY AGREES TO INDEMNIFY TO THE EXTENT PERMITTED BY LAW, SAVE AND
HOLD HARMLESS AND DEFEND LICENSOR, AND RAILAMERICA, INC., THEIR RESPECTIVE
OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL ACTIONS AT LAW, CLAIMS,
DEMANDS, LOSSES, DAMAGES, SUITS, FINES, PENALTIES, BY LICENSEE OR ANY OTHER PARTY
TO RECOVER ACTUAL OR PUNITIVE DAMAGES FOR DEATH, BODILY INJURY, PERSONAL INJURY
OR PROPERTY DAMAGE, WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM LICENSEE'S
ACTIVITIES HEREUNDER, INCLUDING BUT NOT LIMITED TO THE SUBSEQUENT USE AND
Occupancy License No. WTLC 021220
Page 2 of 3
OCCUPANCY OF LICENSEE'S FACILITIES BY ,LICENSEE, ITS PERMITTEES, INVITEES OR ANY
OTHER PERSON.
b. THE PARTIES ACKNOWLEDGE THAT THE USE OF LICENSOR'S PREMISES IS FOR THE SOLE
CONVENIENCE OF LICENSEE AND THAT LICENSOR SHALL HAVE NO DUTY TO LICENSEE, ITS
OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS TO PROVIDE A REASONABLY SAFE PLACE
IN WHICH TO WORK, TO PROVIDE ADEQUATE OR SAFE METHODS AND EQUIPMENT FOR THEIR
WORK OR TO INSPECT OR MAINTAIN LICENSEE'S FACILITIES FOR SAID SAFE METHODS AND
WORK EQUIPMENT NOR TO GIVE ANY WARNINGS OR OTHER NOTICES TO LICENSEE'S
EMPLOYEES OR INVITEES REGARDING SAFETY EITHER OF LICENSEE'S FACILITIES AND
RELATED WORKPLACE OR LICENSER'S PROXIMATE RAILROAD OPERATIONS AND THAT ALL
SUCH DUTIES SHALL BE ASSUMED BY LICENSEE WHO FURTHER AGREES TO DEFEND AND
HOLD HARMLESS LICENSOR FROM ANY AND ALL CLAIMS ALLEGING ANY FAILURE TO
PERFORM SAID DUTIES.
6. LICENSEE shall name LICENSOR, and RAILAMERICA, INC., their respective officers, directors and employees, as
additional insured for all risks, (including, if applicable, fire and explosion due to LICENSEE'S crossing(s), in an amount
not less than Two million and no/100 dollars ($2,000,000.00) per occurrence, Six million and no/100 dollars
($6,000,000.00) aggregate liability and, prior to any construction project, a policy of Railroad Protective Liability
Insurance in the amount of Two million and no/100 dollars ($2,000,000.00) per occurrence, Six million and no/100 dollars
($6,000,000.00) aggregate. Each policy shall be endorsed to provide a minimum of 10 days advance notice of cancellation
to said additional insured. LICENSEE shall furnish a certified policy of insurance prior to the construction period. Said
coverage shall remain in force for the duration of this Agreement. Provided, however, LICENSOR may require increases
in liability coverage to equal or exceed LICENSER'S own level of liability coverage, having regard for the circumstances.
LICENSOR shall further have the right to approve the Carrier furnishing such coverage. Evidence satisfactory to
LICENSER'S General Counsel of LICENSEE'S authorized self-insurance program capable of providing for such limits,
will be accepted in lieu of a policy from a commercial carrier. This clause shall not serve in any way to limit LICENSEE'S
liability to the amounts of insurance required.
If required by LICENSOR, LICENSEE at its sole cost and expense, shall, upon completion of the construction and
installation of said LICENSEE'S Facilities, furnish LICENSOR with a survey drawing, showing the final exact location
of said Occupancy as constructed. The survey drawing shall indicate LICENSOR'S survey valuation station, which said
installation is located, and/or the position of LICENSEE'S Facilities in relation to the centerline of the track and/or the
centerline of the closest public street crossing said track(s). Said survey drawing to be attached to this Agreement as
Licensee's Exhibit `B" and made a part hereof.
8. LICENSEE'S Facilities shall be installed to the satisfaction and approval of LICENSER'S Engineer and all costs of
LICENSOR'S Engineer and other technicians or professional consultants as may be required from time to time shall be
borne by LICENSEE.
9. LICENSEE hereby agrees to reimburse LICENSOR for any and all expenses LICENSOR may incur or be subjected to, or
in consequence of, the planning, negotiation, installation, construction, location, changing, alteration, relocation, operation
or renewal of said Facilities, within thirty (30) days after receipt of LICENSOR'S invoice for payment.
10. In the event LICENSEE shall at any time desire to make changes in the physical or operational characteristics of said
Occupancy, LICENSEE shall first secure in writing, the consent and approval of LICENSOR. All renewals, changes or
additional construction after LICENSEE'S Facilities have initially been constructed, shall be authorized only after an
additional CONTRACTOR OCCUPANCY/ACCESS LICENSE AGREEMENT is approved and executed by LICENSOR.
LICENSEE agrees that such changes shall be made at LICENSEE'S sole risk, cost and expense and subject to all the
terms, covenants conditions and limitation of this Agreement.
11. No other use shall be made by anyone under, across, upon and/or over the Occupancy herein described, without obtaining
the prior written permission of LICENSEE, its successors or assigns; except, LICENSOR shall have access as it deems
appropriate from time to time, to operate on LICENSOR property.
12. This Agreement shall continue in force indefinitely from and after the date hereof, subject, however, to the right of either
party to terminate this Agreement as to the Occupancy or LICENSEE'S Facilities, or any part of LICENSEE'S Facilities,
Occupancy License No. WTLC 021220
Page 3 of 3
at any time, upon giving the other party thirty (30) days' notice in writing of its desire to terminate this Agreement, and
indicating in said notice the extent of said facilities and facilities to which such termination shall apply. When this
Agreement shall be terminated as to LICENSEE'S Facilities, or as to any part thereof, LICENSEE within thirty (30) days'
after the expiration of the time stated in said termination notice, agrees at LICENSEE'S own risk and expense to remove
LICENSEE'S Facilities from the property of LICENSOR, or such portion thereof as LICENSOR shall require removed,
and to restore LICENSOR premises and property to a neat and safe condition, and if LICENSEE shall fail to do so within
said time, LICENSOR shall have the right, but not the duty, to remove and restore the same, at the risk and expense of
LICENSEE. Said restoration shall include, but not be limited to, any and all harm, damage or injury done to LICENSOR'S
property and/or to any other public or private property by acts or occurrences subject to Federal, State or local
environmental enforcement or regulatory jurisdiction, and shall include necessary and appropriate testing and cleanup.
Nothing herein contained shall be construed as conferring any property right on LICENSEE.
13. Upon termination of this Agreement and Occupancy for any reason, all structures and alterations shall be removed from
LICENSOR'S property and said property shall be returned to a physically and environmentally whole condition to the
satisfaction of LICENSOR'S designated Officer or Representative, all at the sole cost and expense of LICENSEE.
LICENSOR may, at LICENSOR'S sole discretion, during the removal of LICENSEE'S Facilities, require LICENSEE to
conduct an environmental appraisal and report of the property formerly occupied by LICENSEE'S Facilities, All reports
shall be prepared by a LICENSOR approved environmental consultant, to determine if LICENSOR'S property has been
environmentally impacted by said Occupancy. All environmental reports, which are prepared subject to this clause, shall
be immediately available to LICENSOR by LICENSEE. This clause shall survive termination of this Agreement.
14. LICENSEE agrees that any installation, maintenance, renewing or removal provisions referenced in this Agreement, covers
only the requirements and/or specifications of installation, maintenance, renewing or removal. Any said reference shall not
be construed as LICENSOR'S permission or authority for LICENSEE to enter LICENSOR'S property without first
obtaining a CONTRACTOR OCCUPANCY/ACCESS LICENSE AGREEMENT from LICENSOR, and fulfilling the
requirements contained therein.
15. Execution of this Agreement shall supersede and/or cancel, as of the date first above written, any and all previous
agreements, if any, related to the Occupancy and use herein described, which may exist between the parties or their
predecessors.
THIS AGREEMENT IS hereby declared to be binding upon the parties hereto.
IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seals this 24th day of
April 20 03 .
WITNESS LICENSOR
WEST TEXAS & LUBBOCK RAILROAD COMPANY, INC.
ATTEST:
Rebecca Garza, City Secretary
APPRROVEED� AS TO CONTENT :
Ed Bucy, Right —of —Way Agent
APPROVED AS TO FORM:
John Knight, Assistant City
by: -S�f-.-4 4- (T1 T �' � "�
its: Vice President
Signed:
LICENSEE
THE CITY OF LUBBOCK
by:
its:
Signed:
Attorney
Marc McDougal
Resolution No. 2003—R
=40, NTERSTATE
MANAGEMENT GROUP, INC.
"Rai! Property Management"
APPLICATION FOR PIPELINE CROSSING OR PARALLELISNI OF PROPERTIES AND TRACK
Name of A
Applicant:
PP
r ilephone
.. ty of LubbockL ubbock
Number:
�0' '775-31 ° 1
P.O. Box 2000
Fax Number:
306) 775-3344
Mailing Address:
Lubbock, TX 79457.
Contact Name:
David Ockerman
Email Address:
dockerman@ma i l . c i .1 u5bock . tx
Preferred Courier:
UPS
Number:
Fed Ex
Number:
Overnight
Delivery Address:
Corporate Name:
State Incorporated:
Application For: Und(X
One eu
(X)
el to Track
Pipe Line Parallel
)
hSelect
Both
Product to be
Conveyed: Mun i c i pa 1 Sewer Service
Flammable?
Yes
I No
Maximum working pressure:
0 PSI
I Field Test Pressure:
PSI
Proposed Date of
Installation:
1 1 /20/02
Crossing Will Be
For: Select One
( X)
Transmission Distribution
Service
LOCATION
Railroad Name:
West Texas & Lubbock Railway C.O.
Nearest
State:
City:County;
Lubbock
Lubbock
X
Nearest Railroad
# 8
Distance and direction from
585►� Feet N S(E) W
Mile Post:
nearest Railroad Mile Post:
Quarter, Section, Township
and Range:
Section 35, BLK AK
Is Crossing Within a Public
(—)
(—�
If Yes, Name
I
/ �✓
Road Right -Of —Way.
Yes
No
of Road:
US DOT Railroad
Total Length of Pipe on
Crossing Number:
Railroad Right -Of -Way:
325'
Page 1 of 1
us
INSTALLATION DATA
If Parallelism, Distance of Pipe Line Parallel to Railroad Tracks:
Angle of Pipe Crossing the Track: 20 Degrees
Number of Tracks crossed:
1
Total Length Within Railroad Right -Of-
Way:
325'
Location of shut off valve:
N/A
UNDERGROUND PIPE LINE DATA
CARRIER PIPE
CASING PIPE
MATERIAL
A35 Carbon Steel Pioe
MATERIAL SPECIFICATIONS AND GRADE
SDR 35-ASTM 183
MINI'NIUM YEILD STRENGTH OF MATERIAL (PSI)
MILL TEST PRESSURE
(\SIDE DIAMETER
1 7. 94" Nom i na 1 I . D.
23.00 Nom. l .0 .
WALL THICKNESS
M 1 n . '1''
. 5" Wall Thickness
OUTSIDE DIAMETER
1 9 • 5" Nom. O.D.
24 . 00" O.D. NOm.
TYPE OF SEAM
N/A
Welded
LAYING LENGTHS
1 3' — 0: '
8 f — 0' 1
KIND OFJOINTS
Gasketed Rubber
Welded
VENTS:
NUMBER:
SIZE:
i
HEIGHT ABOVE GROUND:
SEALS:
BOTH ENDS?
(_) YES (_) NO
ONE END?
(_) YES (_) NO i
BURY: Base of Rail
to Top of Casing:
1
Ft [n
BURY: Not
Beneath Tracks:
Ft In
BURY: Below
Roadway Ditch
Min 3 Ft In
CATHODIC PROTECTION:
U YES OD NO
I PROTECTIVE COATING:
U YES U NO
I Kind:
Type, size, and spacing of insulators or supports:
EXISTING AGREEMENT
Is there an Existing Agreement at this Location With the Railroad Company, which will be effected by this Request?
(_) Yes)
No
If Yes, List Agreement Number:
Will Line Exclusively Serve Lessee of Railroad?
`) Yes
( No
If Yes, List Name of Lessee:
CONTRACTOR
\��Aj
Will Construction be by a Contractor other than Applicant?
I k) Yes
(_) No Q v
If Yes, Contractor will be:
Utility Contractors of America.
Mailing Address:
927 Highway 62/82
Mailing Address:
Wol fforth, TX 79332
Page 2of2
Telephone Number:
806-866-3330
Fax Number:
g06-866-9530
Contact Name:
T Lane
Email Address:
Describe in detail the manner and method of installation on Railroad property:
Line will be bored under tracks
- dry boring
Encasment welded and gushed in.
Pipe installed through casing.
If this application is approved, applicant agrees to reimburse Railroad for any cost incurred by Railroad incident to the installation,
maintenance and/or supervision necessitated by the installation. Applicant further agrees to assume all liability for accidents or injuries that
arise as a result of this installation.
Plans for proposed installation shall be submitted to and meet -the approval of the Railroad Company before construction is begun. Material
and installation are to be in strict accordance with specifications of National Electrical Safety Code and AREMA, current edition, and
requirements of the railroad.
Mail the application, plans and drawings of the proposed project in triplicate, along with a non-refundable $600 application fee and a $600
engineering review fee in U.S. funds, to:
Interstate Management Group, Inc.
P.O. Box 2475
Orange Park, FL 32067-2475
For Railamerica, Inc. properties make checks payable to: Railamerica, Inc. For all others: Interstate Management Group, Inc.
It is recommended that any questions concerning this application should be submitted by email to IMGaoasaim¢online.net. All
correspondence submitted by email receive priority response. Other requests can be made by phone at (904) 264-1560.
Date:
12-20-02
Signature:�v
Phone Number:
(806). 775-2352
Printed Name:
Ed Bucy
T
Fax Number:
(806) 775-3074
Title:
TRight-of-Way Agent
Contact Email Address:
ebucy@mail.cj.lubbock.tx.us
IMPORTANT NOTE: The following items must be submitted before this application can be
processed. Please place a check mark next to each of the following, acknowledging that each item is
enclosed:
Completed Application 3 Copies)
Plans and/or Drawings 3 Copies)
Engineering Review Fee Enclosed $600
Processing Fee Enclosed $600
Page 3 of 3
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