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Home My WebLink AboutResolution - 869 - Agreement - ATSFRC - Power Line Over Railway Property Near Burris, TX - 07_23_1981SMH:da RESOLUTION RESOLUTION #869 - 7/23/81 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 Agreement with the Atchison, Topeka, and Santa Fe Railway Company a Delaware Corporation to construct an electric power line over railway property near Burris, Lubbock County, 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 23rd day of July ,1981. le BI L McALISTER, MAYOR ATTEST: Evelyn.Gaffga, City Se*-r0fa51-Treasurer APPROVED AS TO CONTENT: t 0-,t 11�1 -E L---V2 Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: 6k./m, uku, Susan M. Horton, Assistant City Attorney (Attach Print here) CA - 2 °i l 5-7 EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY PLAI145 DIVISION FOURTH DISTRICT AND CITY OF LUBBOCK Covorin9 on powc�l- lina, Gro5-5ino� NE AR BURR15,LUBB000K C00%T--(,TEXA5 SCALE 1••= 100' A.G.M.-ENGINEERING-AMARILLO, TEXAS No. X 5Co96 DATED: Jun¢. IZ, 1981 r �0 M.P. 68O 47.5C e.1 �. g}Q. %026Ai &&A.0' � nay -+—To-Texico Q To Slog For, —� r' -o `a x" Ry . r-cx -Pro. pdc" Lin¢, --SP u R 331 yQ✓�, yti� l�lc.p 30 P LENGTH ON R/W 185-0 ` NO. WIRES 5 U29's me" POLES ON R/W None, SIZE WIRES ie wee GUYS ON R/W NoncL VOLTAGE 29oFoco CLEARANCE ABOVE TOP OF RAIL 5 • PHASE 3 CLEARANCE ABOVE RY. CO. COMMUNICATION LINES 40 • CYCLE �o TO BE CONSTRUCTED PER AAR SPECIFICATIONS R/w ►i1�p L_-8-351 tov¢. SAA'I'A FE 01UGL}nt. Ct-29657 Ea= 1171 Starkazd (Approved by General solicitor) LICENSE Iron ZIZCMC SUPPLY LnM ACROSS OR ALONG RAILWAY PROPERTY (=octria Light. Power Supply and Trolley Linos. Irrespoctive of Voltage, Overbead or Underground) THIS LICENSE, made as of the 19th day of June 1981 Irtweell—THE ATCHISON. TQPEKA AND SANTA FE P-AILWAY WEPA Y. e Delaware corporation (hereinafter called "Santa Fe") and _ CITY OF LUBBOCK, TEXAS, a Municipal corporation, acting herein by its Mayor, hereunto duly authorized (hereinafter whether one party or more called "Licensee"). Witnesseth, that the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. In consideration of the sum of—QngAnd Notl.00ths - - - - - - - - - - - - - - Dollars ($ 1.00) 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 a maximum of five -5- _-conductors across or along the premises of Santa Fe at or near the station of Rurri.,z, Lubbock County, 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 supply Tina being more particularly shown upon the print hereto attached, No.__X.5_698 dated_Julig—U,_ 1981 marked "Exhibit A", and made a part hereof. For convenience, the said electric supply line, with all conductors and their supporting or containing structures in so far as they relate to said electric supply line upon said premises, is hereinafter called the "Electric Supply Line." 2. Licensee shall, at Licensee's own cost, 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 Electrical Section of the Association of American Railroads, or any successor agency, except where by statute or order of competent public authority a different type of con- struction or a different degree of maintenance is required or permitted, in which case such construction 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 Supply Line shall be sub- ject to the approval of Santa Fe. 3. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles and will at all times keep the space around such poles free of such material, and if removal of such com- bustible material shall not be attended to within fifteen (15) days after having been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reim- burse Santa Fe for the expense so incurred. 4. 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 occur to the property of Santa Fe, and that there shall be no 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 (15) days after receipt of bill therefor, pay to Santa Fe the entire cost incurred in employing watchmen or such other 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 Lin- t. If at any time during the term hereof Santa Fe shall desire to make any use of its property with which the Electric Supply Line 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, Li- censee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Santa Fe to such effect, make such changes in the Electric Supply Line as 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. 8. 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 an of the covenants here- in contained, and such failure or refusal shall continue for a period of thirty (303 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 thereof. No waiver by Santa Fe of any defauli 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 later 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, and if necessary in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes in the construction or location of the Electric Supply 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 properly served If the same be delivered to Licensee or if deposited in the Post Office, postpaid, addressed to Licensee at P.O. Box 2000. Lubbock, Texas 79457 18. 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 maybe terminated by either party hereto upon one —1— months' notice in writing to be served upon the other party, stating therein the day of the month that such termination will take place; and upon the expiration of the 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 binding upon and inure 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. ' �a X.T. & & F. Ry. 01- Dee-crivion Approved For G 1-Engineering Western Lines C4 - 29<0 EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY PLAIN5 DIVISION FOURTH DISTRICT AND CITY OF LUBBOCK Govacinc� an ov¢chq,oa power 1in� GcoS�iro� NEAR BURR15 , LU 6$OCK COUNT-(, TEXA5 SCALE 1rr= 100r A.G.M.-ENGINEERING-AMARILLO, TEXAS No. 7X 5G55 DATED: J u rya., 11. 1951 O / ry O d) DSO Olrc ,102fod4 (.A.O ---To -Ccx 12.,. co - Props: O It' to r .9 1 1 cair, Trc,c\L— L -5 P u R 331 gp` hti P LENGTH ON R/W 169.0 POLES ON R/W Nor,yi GUYS ON R/W Nonce CLEARANCE ABOVE TOP OF RAIL 5 CLEARANCE ABOVE RY. CO. COMMUNICATION LINES 4o ' To Sloe or, rn N NO. WIRES SIZE WIRES VOLTAGE PHASE CYCLE TO BE CONSTRUCTED PER AAR SPECIFICATIONS V- (0 -T 1.dc,R 30 PCB r. i0 r 3•'i95 Hc>✓t 230��0 3 (0 O R/ W 1-�1c�P L- 8- 351 Lova, RESOLUTION #869 - 7/23/81 Ante till Standard ct-29657 (Api'}rored tY GenftW eona(ear) sacmmrsn roes ZMA=WC 6UPPLT L M AfCR S8 OR AZDM V AI WAY PBAPMMTY (&Mono Ltght. Paver aupDb' Sad Trol3ay I,1aae. Inwpeative of Voltage. Overhead or Underground) .. .ryq � r:.7. „r •.: r...:.t ('.. .. ...-.'. L lei/ THL9,1[1(ENSE: 5o'se of tho—lh dap of ` lvzli� ,' 198L i.. ..:_ `etviF WK /1=aa�,Yrw� . f Y• I . 1F Z elii��O VO�f-�i1 i; > tieieware }l corpbration Called "Santa Fe") and A : r. , .l 6ersia bg,ita 1. .2lal►or, 'htirpilit� AuYy .:t}�,y�.d ,,.. . , i � ,, hereinafter w ther one party or`tnore called "Licensee")'. }. .. ._ .:... `Witaedeeth, that the parties hereto for . r the considerations hereinafter expressed covenant and agree as follows.,.: 1.Inconsiderartion.of the sum of oga- �o ; Dollars ) in:hand paid by Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and.of the covenants and agreements of Licensee bereinafter.set forth, and of the faithful performance by Licensee of ,the same, Santa Fe licenses and :permits Licensee to: construct, maintain and : use : an electric impply line containing a maximum of faua mg_ conductors across or along the premises`pf,$siita Fe et or near the station`oL1�-(iu a it3ir� . the kind and gauge of dd. conductora,.the yhale, frequency Gait carded thereon and the location of said electric supply line _ I: 1 being mae'partil �rtly shown upon of the cthe i print hereto No. i..;Aon s: electr relate Mom sir�ict or me andPP tect :t ad.a Tome ao i g' p _--marked "'Exhibit A", and made a part hereof: For conveniene4'the ;said �d Wsid �lect icsupply oneucton said supporting or containing structures in so fara�taey remises 'ie hereinafter called the `Electric Supply. �, iiceusee shad, at Lieeasee s own cast..con8trnct and at all times .maintain the Electric Supply Line ct accordance with the Specifications, for the time current, for Electric Supply" Linea across or, along 0,i koperty: adopted by the Electrical Section of the Association of American Railroads, 'or ;any scmagency, except where by statute or.order.of:competent.public aiithority a different type -of oon- . ..4. ihall' w of ;Sant Qi;the,I license days of other a tenaild P;.•6.r pvhich structi4 eenseel to .such or ;�pproosi,tn: isansa r-e. ensee'shall, at Lieensee's own cost, 'remove all combustible material from around wooden poles z� eq;keep the space around such poles, free of such material, and if removal of such com- a shall not be attended to withinAfteen,,06 days after having been requested by Santa rform , Santa Fe shall have the right itself to pethe work and Licensee herebyagrees agrees to reim- a Fe for, the expense so incurred firing construction and while repairing, renewing or changing the Electric Supply Line. Licensee ase utmost and extraordinary diligence to the end that no damage shall occur tothe ,e, And;that there shall be no -interference with the operation. of its railroad.: •Upon ,com etion Arltc,Supply. Line or after the mating of any changes, repairs or renewals. Licensee at own coet; restore said premises to their former state; and Licensee shall, within fifteen (15) ;reeeipt;df bill therefor, pay to Santa Fe the entire cost incurred in employing watchmen or such is of protection as in the judgment of Santa Fe may be required during the construction, main- bpaSr, 'renewal or changing of the Electric Supply Line. at zany time during the term hereof Santa Fe shall desire to make any use of its property with Electric'Supply Line will in any way interfere, including the relocation of existing or the con - if new )fees of poles, wires, conduits and other facilities in which it shall have an interest, Li- ll, at Licensee's own cost, within thirty (80) days after receiving written notice from Santa Fe eet,anake such changes in the Electric Supply Line as in the judgment of Santa Fe may be to ayald interference.wfth:the proposed �use,of its property. ;r ;6. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any timeton 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 Fein performing such work shall .prove more or less than the amount so advanced, the difference shall be promptly,paid by Licensee or ref6ded 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 in and save harmless Santa Fe and other, companies operating over its tracks against, and shall pay, in f all loss, damage or expense that they or any of,them, may austain ,incur or become liable for resulting in ,_any manner from the:constructgon„�maintenance, -use, state of repair, or presonce of the leetric Supply.Line upon said premises, including any such lost, dam- aaggee ppr expensearising out of, (a) lose o! or damage to property, (b) :injury to or death of persons, (c) me- cha3iice,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 One to enforce the provisions hereof, either jointly or severally, as their interests may be jjooint or:several. Xotie' of odd companies nor the Santa Fe shall be liable for any damage, how�aoeges canseci,, to :the Electric Supply Line, whether due to negligence or otherwise- 9. If Licensee shall at any time fail or refuse to comply taitlor carry out a of the covenants here- in contained, and such failure or refusal shall continue for a period of thirty (S07 Jaya after written de- mand for;such ppeerformance 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 said premises t6the condition in which they were ;prior to: the construction of Ahe Electric Supply. Line. In case Li nseeshall fail to make such.removal or�restoratlon within ,thirty.. (80) days, ,Santa Fe may p r - auch work,: and l,46ensee,shall promptly repay to Santa ;Fe. the cost thereof. No waiver by Santa Fe of ;any default or defaults; or the aright to terminate. this license, shall be deemed or held to be a or such -later when the Electfrom ric Supply Line ma,omissiotisy be emo happening 'prior to the date of _ removed and said premises restored 10 Lieensee'$�1 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 ,sad physical hazard, and if necessary in order to prevent such interference or hazard; Lleensed'shaall, at Ucensee's owe Bost, transpose Licensee's circuits or make such changes in the construction orilocation of the Electric Supply 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 pgid:nereundea 12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee or if deposited in the Post Office, postpaid, addressed to Licensee at 18.. 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 may be terminated by either partyhereto upon one —I M months' notice in writing to be served upon the other party, statingtherein the dayof the month that such termination will take place ; and upon the expiration of the 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 ari`individual. 16. 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 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. IK WrrNw WnE=F, the parties have executed this license in duplicate as of the day and year first above written. THE. ATCHISON, TOPEKA AND SANTA FE R AILWAY COMPANY APrxovm: By As to Description: - Its Aaeintaat tn—General 3Sauagnr Chief Engineer As to Specifications: /51 IV zao ny Superintendent of Communications