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Home My WebLink AboutResolution - 231 - Contract - ATSFRC - Aerial Power Line Crossing, MP 3 + 1725 Ft - 08_09_1979RESO 231 - 8/9/79 RESOLUTION BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and dir6cted to execute for and on behalf of the City of Lubbock an aerial power line crossing at MP 3 + 1725.0 feet near Lubbock, Texas, between The Atchison, Topfeka and Santa Fe Railway Company and the City of 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 9th day of August 21979. v MAYOR 0. EM" LAN Y -ATTEST: Evelyn Ga fga, City e r ry-Treasurer APPROVSDAS TO FORM: Worth Fullingim,'Asst. Ctyy Attorney APPROVED AS TO CONTENT: O-ZAA Tom Nivens, Right of Way Agent - 1.,qq TIED TO RESO #231 Ct-28402 Form 2171 Standard (Asproved by General Sons ter) LICENSE FOR s°*I=MIC SarPLY LINE ACROSS O8 ALONG i2AILWAY PROP== (Eleable LS6M, Power Supply and Srorley Lines. Irrespective of Voltage, Overhead or Under<roand) .,TM UPU4LSE, made as of the 29th ,t�tv � Jnae -�--.° between � ATCHISE>ri0TOPffitA AND-S1lNTA°-FE RAILWAY. -COMPANY. a Delaware corporation thereinafter, called ".Santa Fe') and CITY OF LUBB=, icipal co oration noting herei, by iris' Mayor, hereunto duly authorized (hereinafter whether one " 3 �..• _ party or more';called `Idcensee ).. - Witnbsaetii, tbit the pa tie9 hereto' fot'thi'cotistAe&tions hereinafter expressed covenant and agree ae follows x: In consideration of the sum of,-, e_' Hundred Fif is and ; Ho/100ths . +- • - - = Ten tE 1.50-o0 ' ) in hand paid by Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and of the covenants and agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the same, Santa Fe licenses and permits Licensee to construct, 'maintain and use an electric supply line Containing amaximum of four j �j_ conductors across or along the premises of Santa Fe at or near the station of bock, Lubbock Cott 0 Texas - the kind and gauge of said conductors, the phase, frequency "and voltage of the electric. circuit carried thereon and the location of said electric supp line being more particularly shown upon the print hereto attached, No—Z:3005 dated June 27..1979 'marked "Exhibit A" and made a part hereof For -convenience, the;eald ellct�ic suppply line, with all conductors and their supporting or containing structures in so;far sa they, relate to said electric supply line upon said premises, is hereinafter called the "Electric Supply Line.';'.' ?,. Licensee shall, at Licensee's own costs construct and at all times maintain the Electric Supply Line in strict accordance With the Specifications, for the time current, for Electric Supply Lines across or along Railway Property, adopted by the Eleetrical Section of:the :Association of American Railroads, br any successor agency, except'where by statute or order Of'competent public authority a different type of leon- struction or a different degree of maintenance is required or permitted, in which ease such cconstrnction or; 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 Electric &pply Line shalt be sub- ject to the approval of Santa Fe. B. Licensee shall, at Licensee's own coet, remove all combustible material from around wooden poles and will at all times keep the space around such'poles free of such material, and U removal of such COm- bustible material shall not be attended to within fifteen (15) days after having been'requested Santa Fe so to do, Santa Fe shall have the right itself to perform the workand Licensee herebyagrees to ream burs, Santa Fe for the expense so incurred. - ,. C: During construction and while repairing, renewing or changing the Electric Supply Line, Licensee shall exercise utmost and extraordinary diligence to the end that no'damage 'shall Loccur to the property of Santa Fe, and that there shall beano interference with the operation of its railroad. Upon completion of the Electric Supply Line or after the making of ;any changes, repairs `or renewals, Licensee shall, at Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (H) days after receipt of bill therefor, pay to Santa Fe the entire cost incurred in employing watchmen or such" othO means of protection as in the judgment of Santa Fe may be required during the construction, main- tenance, repair, renewal or changing of the Electric Supply Line. b. If at any time durr��'ngg the term hereof Santa Fe shall desire to make any Use of its property with. which the Electric Supply Zane will in any way interfere, including the relocation>of existing or the con- struction of new lines of poles, wires, conduits and other facilities in which it shall have an interest,. UL ceneee shall, at Licensee's own cost, within thirty (30) dayyss after receiving written' aotice`irom $ants Fe' to such effect, make such change rin the Electric Supply Liae ss in 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 Supply Line, and at any time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the cost, as esti- mated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Santa Fe in performing such work shall prove more or less than the amount so advanced, the difference shall be promptly paid by Licensee or refunded 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 Santa Fe all sums so advanced, with interest 7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies 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 become liable for, resulting in any manner from the construction, maintenance,, use, state of repair, or presence of the Electric Supply Line upon said premises, including any such loss, dam- age or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) me- chanics' or other liens of any character, or (d) taxes or assessments of any kind. & Since this license is 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 may be joint or several. None of said companies nor the Santa Fe shall be liable for any damage, howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise. 9. If Licensee shall at any time fail or refuse to comply with or carry out any of the covenants here- in contained, and such failure or refusal shall continue for a period of thirty (30) days after written de- mand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this license, and in case of such election, or upon any termination hereof, Licensee shall, upon request, forthwith remove the Electric Supply Line and restore said premises to the condition in which they were prior to the construction of the Electric Supply . Line. In case Licensee shall fail to make such removal or restoration within thirty (30) days Santa Fe may proceed with such work, and Licensee shall promptly repay to Santa Fe the cost thereat. No waiver by Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or 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 terminate this 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 dater date when the Electric Supply Line may be removed and said premises restored as hereinabove provided: _ 10. Licensee shall at all times, at Licensee's own cost, maintain the most effective 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 permission herein to Licensee, from interference and physical hazard, - ai14, if .necessary in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's cireults'or make such changes in the construction or location of the Electric $upply( line 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 „or to refund any moneys paid hereunder. - 12.. Any notice to be given by Santa Fe to_Licensee hereunder shall ;be deemed to be-properlyserved if the same be delivered to Licensee or if deposited in the Post Office, postpaid, addressed to Licensee at Texan _ 79437 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. will take gto lace sserved and u o the tha other, j ; Y 14. This license may b'e terminated by either party hereto upon _-nae__�1. — _months' notice T, pa , staiing•therein t4} day.of the; month that such to ation p expiration off&e time Specified in such notice this 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, if the sole Licensee is an individual. 15. This license shall be b}inding upon and Imire:to the benefit of the parties and their respective legal representatives; successors and assigns, provided; however, no assignment hereof by Licensee, Licensee's legal representatives, successors or assigns,,nor any subsequent assignee, shall be binding upon Santa Fe without the written consent of Santa Fe in each instance, and at the option of Santa Fe this license shall be forfeited by any such voluntary assignment or by any assignment thereof by operation of law. IN Wr wim W SEBEOF, the parties have executed this license in duplicate as of the day and year first above written. errmTenn?r gg gp ;� sotto V RAn WAY COMPAATY AYP&OVED: Ey_____/�e As to Description Its AaBistant to Genere�Manager _. Chief Engineer As to Specifications: -�T7 Q .r_— — Ry , (Alan Henry) Superintendent of Communications Its Mayor fro Tezg (Licensee) Ti5-1 C7-W402 EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY PLA/NS DIVISION SEACrRAVES DISTRICT AND C/ T Y Of' L zla,BOCK COYER/ o .0 POWER LINE CROS51IVq NEAR LUBBOCk', LIIBBOCk CovNTY9 TEXAS SCALE 1 =/00 A.G. M.•ENGINEERING-AMARILLO. TEXAS NOX-3005 DATED. JUKE 27, /979 Va/. Sec. /6, Map / Parce/ N?/l.a.) /2 .Py. Co. P,--o,o er1a Line Ry. Comm. L/ne 5:Z- -� —re Seayravc s m ao n E• lWajn Trac c3 -a ck Ne le7 Ry. Co. Proper{y Lines Sia. /75v'65 M. P SY /7Z To Lu66oc,�- h� LENGTH ON R/W //2 NO. WIRES �oui POLES ON R/ W Two SIZE WIRES Mf4,4f SR GUYS ON R / W Two VOLTAGE /2- 470 CLEARANCE ABOVE TOP OF RAL 3z PHASE Three CLEARANCE ABOVE RY. CO. COMMUNICATION LINES j2m&' CYCLE FO TO BE CONSTRUCTED PER AAR SPECIFICATIONS