HomeMy WebLinkAboutResolution - 884 - Agreement - ATSFRC - Water Line Crossing - 08_13_1981JWF:pc
RESOLUTION 884 - 8/13/81
R V.g0T.TTTT0N
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 to be entered by and between said City (as Licensee) and the
Atchison, Topeka and Santa Fe Railway Company (as Licensor) for the
construction and operation by said City of a pipe line approximately 100
feet in length and 41,750 inches in diameter 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 13th day AugusA ,1981.
or
B L McALIS R, MAYOR
ATTEST:
Evelyn Gaffga, City Secfetfireasurer
APPROVED AS TO CONTENT:
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
r�
J. Wo Fullingim, Assistant City Atto ey
i
1
�� ,fig ►; RESOLUTION 884 - 8/13/8)
y ' CT 29735
7";�rr�Crr Qy_TR1-ASl'R�R
Form W% Standard
(Approved by Genarol Sondfor)
PIPE LINE LICENSE
THIS LICENSE, Made this 3rd day of July lg_81
between TiE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
,Delaware corporation (hereinafter called "Licensor"), party of the first part, and
CITY OF LUBBOCK, TEXAS, a municipal corporation, acting herein by its Mayor,
hereunto duly authorized, _
(hereinafter, whether one or more, called "licensee"), party of the second part.
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and
agree as follows
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct
and maintain one _
( 1) pipe line, . 100 feet in Length and
41.750 inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE
LINE"), across or along the right of way of Licensor at or near the station of ubbock,
Lubbock Countyy Texas, the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No. X-5769 , dated
July 2, 1981 , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying water —
z
and shall not use it to carry any: other commodity or for any other purpose whatsoever.
3. Licensee shall pay Licensor as compensation for this license` the sum of
ONEMJNDRED FIFTY AND NO/10OTHS DOLLARS ($150. 00)_____.._-�
4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief
engineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that
it will not at any time be a source of danger to or interference with the present or future tracks,
roadbed and property of Licensor, or the safe operation of its railroad. In cases where the' Licensee
is 'permitted under paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or
other flammable or -highly volatile substances under pressure, the PIPE LINE shall be constructed,
installed and thereafter maintained in conformity with the pans and specifications shown on print
hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee
shall, in the judgment�of Licensor, fail to perform properly its obligations under this paragraph, Li-
censor may, at its option, itself perform such work as it deems necessary for the safe operation of
its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have
been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to per-
form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage
occasioned thereby.
5. Licensee shall reimburse Licensor for any expense, incurred by Licensor forfalse work .to
support Licensor's tracks and for flagman to protect its traffic during installation of the PIPELINE
and for any and all other expense incurred by Licensor on account of the PIPE LINE.
6. Licensee shall at all times indemnify and save harmless Licensor . against and pay in full all
loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any man-
ner from the construction, maintenance, use, state or repair, or presence of .the PIPE LINE, including
any such loss, damage or expense arising out of '(a) loss of or damage to property, (b) injury to or
death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind.
7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants
herein contained Licensor may at its election forthwith revoke this license:'
8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that
the same may be terminated at any time by either party upon ten (10) days' notice in writing to be
served upon the other party, stating therein the date that such termination shall take place, and that
upon the termination of this license in this or any other manner herein provided, Licensee,, upon de.
mand of Licensor, shall abandon the use of the PIPE' LINE and remove the same and restore the „right
of way and tracks of Licensor to, the same condition in which they were prior, to the placing of the
PIPE LINE thereunder. In case Licensee shall.fail to restore Licensor's premises as aforesaid within
ten (10) days after the effective date of termination, Licensor may proceed with such' work at the
expense of Licensee. No termination hereof shall release Licensee from any liability or obligation here-
under, whether of indemnity or otherwise, resulting from any acts, omissions or events -happening
prior to .the date the PIPE LINE is removed and the right of way and track of Licensor restored
as above provided.
9. In the case of the eviction of Licensee by anyone owning or obtaining. title to the premises on
which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor
shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment
made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge
which may have been paid hereunder in advance.
10. Any notice hereunder to be given by Licensor to Licensee shall be deemedto be properly served,
if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at----
P. 0. Box 2000 I.ubbocic__Texae 72457
Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if, the
si
same be deposited in the United States Mail, postage prepaid, addressed to Licensors
Division Superintendent At 900 South Polk Street, Amarillo, Texas' 79171
11. In the event that two or more parties execute this instrument as Licensee-, all the covenants
and agreements of Licensee in this license shall be the joint and several covenants and, agreements of
such parties.
12. 'All the covenants and provisions of this instrument shall be binding upon and inure to the
benefit of the successors, legal representatives and assigns of the parties to the same extent and effect
as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof
by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be bind-
ing upon Licensor without the written consent of Licensor in each instance.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and
year first above written.
- 11~TTCHISO - ZOPEKA Arm SA 'A RE HATI TAY .C(iAPANY (Licensor)
Approved as to Description:
By G-----
Its—� scant to General tlanager
Chief Engineer.
CITY OF LUB ERAS
AIV 2 -
Its Layor
(Licensee)
C� 2_9735
EXHIBIT "A"
TO CONTRACT BETWEEN
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
PLAINS DIVISION FOURTH DISTRICT
AND
CI T K OF L UBBO Ck
COVERING A WATER LINE CROSSING
NEA R
SCALE M.
L UBBOC '.ELUBBOCK CROUN xY� TEXAS x 5769
DATED: JULY ? , 1981 '^ �\
41
VAL.5EC. 5 N�\
MAP N O 2 k9 � 1
\31-36 /
Pa RC.F L N0. 2 4 1 ti ,� I,e�^
{
i
F
0
Co
o
To 5la+on
1
Ecriy--
2 m
5 4+ 3 a R I .._47� —
oil
To Texico
M P 85to55q � °��
- T 47Z+65 -
0
CARRIER PIPE
CASING PIPE
CARRIER PIPE
O.D. OF PIPE
4-1. 750_
4a.el
LENGTH ON R/W
/00
CONTENTS :TO BE HANDLED
WEER-r
ACTUAL WORKING PRESSURE
r90 PEI
PIPE MATERIAL
der
eprr ,M4t -1
TYPE OF JOINT
(TvEberifa5k*t
SPECIFICATIONS AND GRADE
Qa55 150
.44SNa
COATING
i'onGrefe
WALL THICKNESS
Z•875
49.
METHOD OF INSTALLATION
VENTS : NUMBER Ne,
SIZE
HEIGHT OF VENT ABOVE GROUND
SEALS: BOTH ENDS —
ONE END —
BURY: BASE OF RAIL TO TOP OF CASING 1I_
FEET D
INCHES
9
CASING PIPE
8�
R:!l cof!i o/
Wt Id
ac-x B12 rr
BURY: NATURAL GROUND FEET INCHES INSTALLED AS PER C.E.S. 5515
WRY: ROADWAY DITCHES `_ FEET INCHES PLACED BY DRY BORE ONLY
CATHODIC PROTECTIOND
T-(PEiS4ZE AND SPACING OF INSULATORS OR SUPPORTS
R/W MAP NO. STA. MAP NO. IZO38 CLT
Fans 1658 Standard
(Approved by Gorwal Solicitor)
Secretary's No.
PIPE LINE LICENSE
W
For.
Station
Division
In effect , 19
Cancellable on ten days' notice.
__Div. Supt' No.
Chief Engineer's No.
a
�+ Hall 5 79 3M 16M
(Attach print here)
R E S O L U T I O N
BE IT KNOWN that on this the 1ih day 'of August; , 19 81
at a regular meeting of the governing body of the City of Lubbock f
Texas , there came on to be considered the matter of the exe-
cution of a license between the said City of Lubbock
Texas , and The Atchison, Topeka and Santa Fe Railway Company,
relating to construction and maintenance of a 41.750" water line crossing at
Piile Post 85 + 0557.7 feet,
at or near said City of Lubbock, Lubbock County, Texas
whereupon the following proceedings were had:
It was moved, seconded and unanimously voted that
Bill McAlister
Mayor, be authorized and empowered to execute on behalf of
the City of Lubbock , Texas. , such license,
copy of which is hereto attached, and.the same be recorded in the Minutes of the
City Commission at the foot of this resolution.
STATE. OF TEXAS )
COUNTY OF LUBBOCK )
I� EVELYN GAFFGA , City Secretary, do hereby certify
that the above and foregoing is a true and correct copy of a resolution passed by
the City Commission of said City in regular session on August 13,
1981 , as the same appears of record in Book �+0-A , Page _, Minutes of
said City Commission.
ON TESTIMONY WHEREOF, witness my hand and the Seal of Said City this 13th
say:-af_-___-�August , 19-81
Citf Secrdtauf
(Sm )