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HomeMy WebLinkAboutResolution - 6263 - License Agreement - Lubbock Railroad Company Inc - Sewer Line Across Railway - 04_22_1999Resolution No. 6263 Item No. 18 April 22, 1999 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 a License Agreement for a sewer Iine 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 8.5 in the Northeast `/4 of Section 31, Block AK, Lubbock County, Texas, attached hereto and which shall be spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of April , 1999. •N, MAYOR ATTEST: qu �- KaythCity Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way A nt APPROVED AS TO FORM: ald G. Vandiver, First ssistant City Attontey cr/ccdocsiwT&LRC08.5.res.doc March 26, 1999 P WTI.R Occupancy License No. WITR -C12 990304990304 page I Resoluton No.6263 Item No. 18 April 22, 1999 OCCUPANCY LICENSE AGREEMENT This Agreement made this 4th day of March , 1999 by and between West Texas and Lubbock bock Railroad Company. Inc. whose address is 6010 Brownfield Highway Lubbock, TX 79407 its successors, assigns or affiliated companies, hereinafter collectively referred to as GRANTOR; and The City of Lttbbock. Texas whose address is P.O. Box 2000, 1625 13th -treet Lubbock TX 79457 Telephone 806-775-3000 its successors, or assigns, hereinafter collectively referred to as GRANTEE , For valuable consideration as outlined herein, the receipt of which is hereby acknowledged, Grantor hereby conveys to Grantee an OCCUPANCY license to construct, reconstruct, maintain, operate or remove facilities upon, along or across GRANTOR'S Right of Way as indicated below: A. ( ) above ground ( x } below ground B. ( x ) water pipeline {) drain ( ) wire line O communications line ( ) private road crossing including necessary appurtenances and other related fixtures, equipment, marker posts, electric power, which may from time to time be required, with the right of ingress and egress for the purposes of this grant, in, under, upon, over or across railroad property located within public road right-of-way on Upland Avenue crossing near US 62 S2 Seagraves Subdivision Railroad Mile Post 8.5 + in NE 1/4 of Sec 31,fllk AK at or near Lubbock , County of Lubbock State of _Texas. SAID OCCUPANCY to be located at or near Railroad Valuation Station 450+58 +, and described as follows: One 16 inch PVC C-900 potable water line, 0.250 inch wall thickness, encased in 26-inch steel Grade B pipe, minimum wall thickness of 0.375 (318) inches with cathodic protection or 0.438 (7/16) inches without cathodic protection, the top of said casing to be no less than six feet below the bottom of Railroad's ties. Length of the line and casing on railroad property 100 feet. Line crossing parallel to center line of public road right of way. Installation to he jacked and wet -bored. Bore pits to be located no closer than 25 feet from the nearest outside track rails, measured at a right angle to said rails, all located as shown in Grantee's drawings included in Exhibit A attached hereto. GRANTEE, after completion of construction or termination of OCCUPANCY, at its sole cost, hereby agrees to restore in a good and workman like manner all property disturbed by Grantee's use or construction or maintenance activities from the date of execution of this document. Said restoration shall include, but not be limited to, any and all harm , damage or injury done to GRANTOR'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. THE UNDERSIGNED FURTHER AGREE the continuation ofthe OCCUPANCY AND USE herein shall be subject to the following conditions. the default upon same could cause GRANTOR, its successors or assigns, to terminate this License Agreement and to order the removal of GRANTEE'S use and facilities. The conditions are as follows: 1. Said License is granted contingent upon payment of License fee of Five hundred and no/100 dollars ($500.00) to GRANTOR, along with processing fee of Two hundred and fifty no1100 dollars ($250,00). to RailAmerica, Inc. Billing or acceptance by Railroad of any rental shall not imply a definite term or otherwise restrict either party from canceling this Agreement as herein provided 2. In the event that thee as set forth above is terminated or the structure(s) removed, this License shall terminate. 3. This License may not be transferred or assigned without prior written approval of GRANTOR, said approval shall not be unreasonably withheld. 4. GRANTEE shall reimburse GRANTOR for any expense incurred in protecting its tracks and/or other facilities during the construction, use and maintenance of the Facilities covered by this Agreement 5. GRANTOR shall not be responsible for any damage to GRANTEE'S Facilities before, during or after construction. I W tLR Occupancy I,icenu No- W I IA -LR 990104 page 2 5. GRANTOR shall not be responsible for any danhage to GRANTEE'S Facilities belore, during or aller construction. 6. All construction or maintenance work on GRANTOR'S property shall be performed by GRANTOR, or a contractor approved by GRANTOR and, if performed by an approved contractor, shall be done under the supervision of GRANTOR or its authorized representative. Provided, however, prior to any work being done, Contractor shall first procure a Contractor Occupancy Permit from GRANTOR. 7. Before constructing said Facilities, GRANTEL: shall, at its sole cost and expense, obtain all necessary authority there for from any public authorities having jurisdiction in the premises, and shall thereafter observe and comply with the requirements of such public authority or authorities and all applicable laws and regulations. GRANTEE shall secure written approval by GRANTOR of plans and/or specifications submitted to GRANTOR prior to the commencement of any construction or use. S When construction or maintenance is to be done by a GRANTOR approved contractor, GRANTEE shall give no less than 72 hours written notice to GRANTOR'S Executive Officer at the Watson Siding Operations Center, or at such other location as GRANTOR may designate from time to time, before the c construction or installation work shall be commenced by said approved contractor. GRANTEE shall give like notice, except in emergency cases, before any maintenance, renewal, relocation, alteration, changing and removal is performed, provided, however, that all such work shall be done at such time or times and in such manner as shall be satisfactory to GRANTOR'S Executive Officer or his designated representative. 9. The aforesaid Facilities shall be installed at the sole risk, cost and expense of GRANi'EE, in accordance with American Railway Engineering Association Specifications air other Industry Standard Specifications as may apply or be appropriate for tite use intended. Said specifications are incorporated herein and made a part hereof by reference. Approval of plans or completed work by GRANTOR'S designated representative shall not, in itself, be considered acknowledgment that said project is in conformity with said standards. 10. (a) GRANTEE hereby agrees to indemnify, save and hold harmless and defend GRANTOR , AND RAILAMERICA, INC., from any and all actions at law, or otherwise, by GRANTEE 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 GRANTEE's construction project or subsequent use and occupancy of GlUkNTOR's property by GRANTEE , its permiltees, invitees or any other person. (b) The parties acknowledge that the use of Licensor's premises is for t}he 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 notices or warnings to Licensee's employees, business invitees regarding safety either of Licensee's facilities and related workplace or Licensoe'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 for any failure to perform said duties. 11. GRANTEE shall name GRANTOR, and RAILAMERICA, INC., as additional insureds for all risks, (including, if applicable, fire and explosion due to GRAN LE'S pipeline crossing(s), in an amount not less than Two million and no/100 dollars ($2.000,000.00) liability and a policy of Railroad Protective Liability insurance in the amount of Two million and no/100 dollars 62,000,000.001 . Each policy shall be endorsed to provide a minimum of 10 days advance notice of cancellation to said additional insureds. GRANTEE shall furnish a certified policy of insurance prior to the construction period. Said coverage shall remain in force for the duration of this Licensed Occupancy. Provided, however, GRANTOR may require increases in liability coverage, having regard for the circumstances, GRANTOR shall further have the right to approve the Carrier furnishing such coverage. Evidence satisfactory to GRANTOR'S General Counsel of GRAN'!EL' S authorized self insurance program capable of providing tier such limits, will be accepted in lieu of a policy from a commercial carrier. This CLAUSE shall not serve in any way to limit GRAN fEE's liability to the amounts of insurance required 12. GRANTEE at its sole cost and expense, shall, upon completion of the construction and installation of said facilities, furnish GRANTOR with a survey drawing, showing the final exact location of said Occupancies as constructed and indicating the Railroad survey valuation station which said installation is located, and/or the position of the installation in relation to the center line of the track and/or the centerline of the closest public street crossing said tracks. Said survey drawing to be attached to this License Agreement as Licensee's Exhihit "B" and made a part hereof. `A I 1 I: i a_ ur.nic 1 IPCII\C N, It III: i is Alin.y 13 Said I acihties shall he installed to the satisfaction and approval of GRAN ['OR'S Lngineer and all costs of GRANTOR'S Engineer and other technicians or professional consultants as may be required from tinle to time shall he borne by GRANTEE 14 GRANTEE. herehy agrees to reimburse GRANTOR I6T any and all expenses GRANT OR may incur or be subjected to, or in consequence (it; the planning, negotiation, installation, construction, location, changing, alteration, relocation, operation or renewal of said Facilities, within thirty (30) days alter receipt of GRANTOR'S invoice for pavment. 15 In the event GRANTEE shall at any time desire to make changes in the physical or operational characteristics of said Crossing, it shall first secure in writing, the consent and approval of GRANTOR GRANTEE agrees that such changes shall be made at its sole risk, cost and expense and subject to all the terms, covenants, conditions and limitation of this License Agreement 16. No outer use shall be made by anyone under, across, upon and/or over the occupancy herein described, without obtaining the prior written permission of GRANTEE, its successors or assigns: except, GRANTOR shall have access as it deems appropriate from time to time. 17 Upon termination of this License for any reason, all structures and alterations shall be removed from GRANTOR'S property and said property shall be returned to a physically and environmentally whole condition to the satisfaction of GRANTOR'S designated Officer or Representative, all at the sole cost and expense of GRANTEE This clause shall survive termination of this Agreement. 18 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 1S hereby declared to be binding upon the parties hereto. IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seals this 22nd day of April 19 99 WITNESS t Bonnie J. Pe W1 NESS ATTEST: I " tjk", Kaytki16 Darnell City Secretary APPROVED AS TO CONTENT: i'�d�Bucj, Right—o ay Agent by. GRANTOR West Texas and Lubbock Railroad Company, Inc. Ralph Iden its: VP -Real Estate & Purchasing Signed: GRANTEE City of Lubbock , Texas by WINDY SITTON its: MAYOR Signed OVED AS T FORM: D Van i , Assistant�Attorney Cr~ i m �Qq�c Q`✓n:sH� .4»r es�.4�3�da ;+�se�oc roc Q 4.S7r7.3'2 ,!"iny Sign /� L. 4so f.Si aa; 4743.446r+cso[ GaOt.93 —Pr L line .rAiy— Cal f .✓- `� O4 OI a?04 `� �11 QV A� } 4Room Z \ \ ti .y ��Iy� 4�.9s�A=AS4too L 14'4,6 1 } 1 .ss� s.sa irn:.�f/� Post s G L 4 . t 450h79d4./G.Tc/p Lino X-inyCarn� 3157 L4vg. LU39 Z W. f-b+•�.vi- L �i7� X i%��c Con r N f 8Q 72 ,r5o t 93 Q E T /co. Gin< Y�y Cc.yi. N= -7Z59 eO,,y. 450+15 CL Power Line X-ing .Cunt, No.137218 r. 3 a -Q�o.�o Loc..yil5. '1- 428+37=f. 2-W Q.H. Power Line X-ing,- Cont. No. 164515 4zv— 7 N :�t� e%sr fs R A: - CD ELM GROVE GOLF CLUB U0 iM 'AWAW,W,,WAW,AWAWAWW,4WdWAW 4W", I I FAWAW er ILI. MI. ff 93 IA� IT al tt It too or, NT 'k t tU. IT WN IT ... hill T, -4- OF CIpIAkCE r F a t e Date: , APPLICATION FOR PIPE LINE CROS a. McInnes, General Manager The Atchison, Topeka and Santa Fe Railway Company P.O. Box 1738 Topeka, Kansas 66628 Dear Sir: We . submit for your approval, in duplicate, - the foliowinrg specifications for a pipe line we propose to build across The Atchison, Topeka and Santa Fe Railway Company right -of -tray, as shown on enclosed sketch. Legal name of company or municipality who will own the pipeline �Ity of Lubbock state orporat Texas If not incorporated, correct name of owners or all partners: Correct m&illfp address P.O. Box 2000, lb25 13th Street (ZIP) 794�57- ne TelephaAC8o6 ) - 000 „""" Location Of PrOPOSSd Crossing NE 174, SOC --.I1 Tw3p AK Name of nearest town on Santa TO— Lubbock Name of nearest roadway Crossing SAM a Upland Avenue Crossing within limits of public road or street - es x No IER CASING Contents to be handled through pipe . Potter Length of pipe on Ry. Co. property . 100 ft. (Plastic pipe aunt be encased full width of ri*ht-o -wa�y� Inside diameter of pipe . . . . . . • . . . . ... . i61 in. 26" in,, Pipe Nater"I .. .. ... . . . . . . . . . . . . PVC Steel - Specification A grade (Min. yield strength casing 353UOO psi.) C-900 Gr B Mall Thickness • • . • • . . . . 0.156n.0.250 Vj. (Min. mall casing pipe under 14 inches4.188 in.) Actual working pressure . . . . . . . 50 PSI Type of joint - (medanical or welded type) . . eci-an cal Longitudinal Joint Factor . . . . . . . . .. . Coating . • . • . • • • • • • • r . . . . Distance Base of rail to top of pipe. .. . . . . . 61 (Flaeraable contents, steam, crater or non-flammable - odij. 5 1 urder . main trade.) (lhder secondary trades - ♦ 1/2 ft.) KnimA ground cover on Ry• Co. property . . . • • 6— ft. ft. (Miniaa 3 ft.) Cathodic protection casing-(flamaable substance). N/A Type of insulators or supports size pace Nmber of vents Size He above ground (Flaaraable subs ernes require 2 Vents) Method of cross": Dry goring wet Jacking x Trench (If trer- Railroad furnish f at applican s expense.) (If bored or jacked - Trench to minlAn 8 ft. from end of ties.) (Met boring - Must be approved by Chief Engineer.) Attached to this sheet is location plan and detail sketch. Give tie to centerline road crossing or bridge. Please authorize us to proceed with this installation or advise what charges are necessary to meet your specifications. Signed:-1 -t Title: i 9 -o ." errt 973E Telephone: 806 775-2IS2 im M' 10+50 NE Cc-. Ser-31 131k 0 UNSUSDIVIDED ri RR ti Ln t k4^ + - ------ _- -- - - -- /j ti r� Ln I- 26 r, .ste � I {fir " f✓ � �� 5 i r7 Gj CERTIFICATE OF INSURANCE The undersigned officer of the City of Lubbock, Texas, a Texas Home Rule Municipal Corporation, hereby certifies that the City of Lubbock is self -insured in accordance with the laws of the State of Texas and that the self-insurance is sufficient to satisfy the insurance requirements imposed on the City of Lubbock, as agreed to under license no. WTLR-CR 990304 near Upland Avenue Railroad Milepost 8.5 in NE '/. of Sec 31, Blk AK, Lubbock County, by and between the City of Lubbock and West Texas and Lubbock Railroad Company, Inc., regarding a license to the City of Lubbock upon the property of the West Texas and Lubbock Railroad Company, Inc. Date: - q Leisa Ituich1son, Risk Manager �esoIut1or, #2612 October 22, 1987 Agenda Itan f29 JCR:da RESOLUTION A RESOLUTION AMENDING RESOLUTION NO. 2481 BY REPEALING SECTION 5 THEREOF WHICH ADOPTED SELF INSURANCE COVERAGE FOR THE CITY OF LU884CK AS PROVIDED BY THE TEXAS MUNICIPAL LEAGUE JOINT SELF INSURANCE FUND AND IN ITS STEAD ADOPTING A NEW STATEMENT OF COVERAGE FOR THE CITY OF LUBBOCK LIABILITY SELF INSURANCE PROGRAM. WHEREAS, the City of Lubbock did heretofore by Resolution No. 2481 create the City of Lubbock's Self Insurance Fund; and WHEREAS, in said Resolution No. 2481 the City of Lubbock did adopt as its standard coverage a coverage heretofore provided by the Texas Municipal League Joint Self Insurance Fund; and WHEREAS, the City of Lubbock doses it to be in the best interest of the City of Lubbock to repeal the coverage adopted under Resolution No. 2481 and in its stead to substitute a new statement of coverage for the City of Lubbock Self Insurance Fund; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 5 of Resolution No. 2481 adopting the Texas Municipal League Joint Self Insurance Fund as the coverage document for the Lubbock Self Insurance Fund is hereby in all things repealed. SECTION 2. THAT the City of Lubbock Statement of Coverage Liability Self Insurance Program attached to this Resolution as Exhibit A and made a part hereof for all purposes is hereby adopted as the coverage to be afforded under the City of Lubbock Self Insurance Fund. SECTION 3. Save and Except as herein repealed or amended, Resolution No. 2481 shall remain in full force and effect. Passed by the City Council this 22nd day of ty October , 1987. 4T C.. • �i�►a/ B.C. "INN, MAYOR APPROVED AS TO CONTENT: 9 Attachment 9 Robert Massengale( Assistant City Manager for Financial Services APPROVED AS T C'< ! o C. Ross, Jr., C ty At orney