HomeMy WebLinkAboutOrdinance - 1299-1952 - Instalation Of An Underpass Project Near W Broadway By Panhandle - 11/13/19520
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0RDINANCE NO. 1~
Ordinance providing for the installation, construction, existence, use and
maintenance of an underpass project near the intersection of West Broadway ex-
tended and the Seagraves District main track of the Panhandle and Santa Fe Rail-
way Comp~ in the City of Lubbock, Texas, and authorizing the ~or of the City
of Lubbock to execute, and the City Secretary to affix the corporate seal and
attest the same, a CP~tain contract between the City, the County of Lubbock, and
the Railway Company Rroviding for the installation, construction, existence, use
and maintenance of said underpass project; tor the granting of license and permission
by the Railway Compal\Y' for said project; for the division of work and expense by the
Contracting parties; for the protection of the Railway Company against all damages
and expense in connection with aQY claim or suit for damages arising out of the
existence of said connecting road and underpass; for the maintenance of the project;
and declaring an emergency and providing that this ordinance shall be e.ffecti ve from
and after its passage.
WHEREAS, the public convenience, safety a11d necessity of the City and people
of the City require the grades of a road acrose the property of the Texas Techno-
logical College and the Seagraves District main track of the Panhandle and Santa Fe
Railway Company at Railway Compaqy Mile Post 2 plus 1789.5 be separated b,y con-
struction of an underpass project, since said road will be depressed to pass beneath
new highway running parallel with and southeaster~ from said track and to provide
proper grades for road across highway and track, said road must also be depressed
to pass beneath track as well as to eliminate danger and inconvenience of a grade
crossing over track; and
WHEREAS, the City and the County have requested the Railway Compa~ to con-
struct the underpass structure an:i contribute financial aid therefor, and the Rail-
way Company has made it know to the City and the County that it will assist in
the project b,y constructing the underpass structure and furnishing part of the
necessary funds therefor and by maintaining said structure after it is built; and
\'lHEREAS, the City and the County have requested the Railway Compaey to grant
a license and permission for the construction and use of said road and underpass
across its property and under its tracks; and the Rail~ Companf has made known
that it will grant such a license, and
\illEREAS, the City, in consideration of the providing of said underpass project,
agrees to protect the Railway Company from any and all liability and any and all
damages caused by the installation, the construction, the existence, tho use and the
maintenance of said underpass project or the passage and enforcement of this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL:
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1. That a connecting or access road be built by the Cil'.y across the pro-
perty of the Panhandle and Santa Fe Railway Company at the approximate location
of the westerly extension of Broadway where it intersects said Railway Company•s
Seagraves District main track.
2. That the Panhandle and Santa Fe Railway Company is hereby authorized to
construct an underpass structure to carr.y said access road beneath its Seagraves
District main track at approximate location shown on plan attached hereto and marked
Exhibit rtAn and made a part hereof in all respects.
3. That nothing in this ordinance shall be so construed as to require the said
Railway Company to assume or to pay any direct, incidental or consequential damages to
any property owner or to any tenants occupying such property, caused by, incidental
to or in any way connected with the passage and enforcement of this ordinance or by
the installation, construction, existence, use or maintenance of the project, or to
defend any suit or suits which may be brought against the Railway Comparzy" by acy
party for the recovery of such damages, but that the City hereb,y agrees that all such
suits shall be defended, adjusted and paid for solely by the City and the City does
hereb.y agree to hold harmless said Railway Company against any and all such claims,
demands and causes.
4. That the City will maintain the street, sidewalks, drainage, lighting and
signal devices and all acces&ory facilities on the Railway Company's right of way in
connection with said access road and underpass except the piling, timbers, steel
pan, ballast and track of the underpass structure proper which shall be maintained
by the Railway Compaey.
5. That the City will pay the Railway Compaey promptly upon completion of the
underpass structure by the Railway Company and receipt of bill for same, all costs
incurred by Santa Fe in excess of $9,000 for constructing the underpass structure
and altering Railway facilities as may be required in connection with construction
and operation of said access road and underpass, it being understood that the County
is to p~ to the City one-half of all costs of the project in excess of the $9,000
contributed b,y the Santa Fe.
6. That the City will require the closing of any existing grade crossings '\-Iithin
five hundred feet of said underpass location and will not thereafter open or permit to
be opened any grade crossing within five hundred feet of said underpass so l~~g ~s
underpass is i~ existence, except that the existing ura.dA ~-rosAiru• approximately four
hundred thirtt ·l~et southwest of t· he underpass:. !DBi be l~t't in pl{lc;e. :.so long: as it
·may be req~rei;i for em~rgency us.e·. on;cy, )!rovidihi~_t.hat giitea:··are placed· on either·
side of the .t,rack ~~t.b·;.'~trong padl-ocks, and the City wi.J;;L p~lice said crossing ~d
gates to keep them loe~~ and to· prevent the use of said crossing except b,r _adjacent
landowners for; emergenCY.· purpose~.. ..-·,; ·. · _. ·. -., ~.:_ :~ :.-."l; ; · ': · : ,: _ · ~ .-. . . : '\• .. ! ~. . ~ · .. ~~-. . ·. ': -·l .. ··:;: ~ ·::: ~~· ;:~: :~· ;:~.:~~~·~. : . _·,: .· .. : .. t ••
7. The Hayor is hereby authorized to execute for and on behalf of the City an
agreement and contract with the Railway Compaey and the County in accordance 'dth and
for the purpose of carrying out the terms and provisions of this ordinance, in the
form attached hereto. The Secretary i.s hereby directed to attest the agreement and
contract and to affix the proper seal of the City thereto.
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Passed and approved this 13th day of November, 1
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STATE OF TEXAS )
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COUNTY OF LUBBOCK )
I, Lavenia Lowe, the duly appointed qualified and acting City Secrete.ry of the
City of Lubbock, Texas, hereby certify that the foregoing pages constitut.e a true
and correct copy of an ordinance du~ passed b.1 the City Council at a meeting held
on November 13th, A. D. 1952, at 1:30 o'clock P.M.
To certify which witness IIf3' h..nd and official seal of the Ci.ty of Lubbock, Texas,
this the 13th day of November, 1952, at Lubbock, Texas.
'Jj -----~/L~ - - - - - - -City S r.y of h~ of
Lubbock, Texas
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RECITALS:
AGREID1ENT, Made this 13th day of
November, 1952, between PAM1ANDLE AND
SANTA FE RAILWAY COMPANY, a Texas cor-
poration, hereinafter called "Santa. Fe"
as First Party; the CITY OF LUBBOCK,
TEXAS, acting b,y and through its d~
authorized officers under an ordinance
passed the 13th d~ of November, 1952,
hereinafter called 11City11 , Party of the
Second Part; and LUBBOCK COUNTY, a poli tica
subdivision of the State of Texas, acting
herein by its County Judge, hereun~o d~
authorized, hereinafter called 11County11 ,
Party of the Third Part,
W I T N E S S E T H:
The main track of the Seagraves Branch of the Santa Fe runs diagonally across the
grounds of t he Texas Technological Colle~e in Lubbock in a northeasterly and southwesterlY
direction and the State of Texas proposes to construct a new highway southeasterly from and
parallel to said track; in order to provide safe and unobstructed access by the public to
the two portions of said College property so divided by the highway and the railroad, the
City proposes to construct underpasses permitting the passage of pedestrians and vehicles
beneath the highway and track from one portion of the Coilege property to the other; the
Santa Fe, the City and the County agree to divide the work and expense of constructing an
underpass beneath Santa Fe 1s track and portion of connecting road across Santa Fe's right
of way upon the terms and conditions hereinafter stated.
AGR.EE!mT
ARTIClE I
1. Santa Fe, for and in consideration of the premises and of the mutual covenants
and agreements of the City and the County to be by them respectively kept and performed
as hereinafter set forth, hereby licenses the City and the County to use a portion of
8anta Fe 1s property situated at Lubbock, Lubbock Coun~y, Texas, for the purpose of construct
ing, maintaining and using a public road, tpe property, license to use which is hereb,y
given, being shown in red on Print D.E.O. Slaton, Texas, No. 4404, dated August 12, 1952,
hereto attached, marked Exhibit 11A11 and made a part hereof.
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2. Santa Fe will construct, at an estimated cost of $12,000.00, an underpass
sturcture beneath its track, consisting -of a steel beam span supported b,y treated wood
piling providing a clear.roadway width of twenty-five (25) feet, with treated timber
trestle approaches at each end of steel span, Santa Fe's work being limited to the con-
struction of the structure only and not including excavating, grading, drainage, curb and
gutter, paving or approach signs or protection. And providing further that Santa Fets
expense in connection with this project shall be limited to the amount of $9,000.
3. Santa Fe, at the expense of the City, will alter or move, as may be necessar.y
to accomodate tne cons~ruc~ion and use of connecting or access road and underpass, ·aqy
of its right-of-way fences, cattle guards, signal, power or communication pole and wire
lines and other facilities located upon the licensed premises.
4. Santa Fe will maintain the steel span and approaches of the under pass, including
the piling supports, but not including the vehicular roadway beneath the underpass.
ARTICLE II
The City, in consideration of the aforesaid license and of the mutual covenants
and agreements b,y the Santa Fe and the County as herein set forth, agrees as follows:
1. That it will· perform with .its own forces or b,y contract all work on the right
of way of Santa Fe including excavation of roadway, grading, clearing, drainage, curb,
gutter and paving and approach signs, but excepting construction of the underpass struc•
ture and altering of railway facilities as provided in Sections 2 and 3 of Article I.
2. That it will use the licensed premises exclusively as a site for a public road.
3. That it will not let or sublet the whole or any part of the licensed premises
for any purpose whatsoever or assign this license without the written consent of Santa
Fe in each instance.
(_ 4• That in case of eviction of City by anyone owning or claiming title to the
whole or any part of the licensed premises, Santa Fe shall not be liable to City for aqy
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damage of any nature whatsoever.
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5. That if the licensed premises, or any part thereof, cease to be used at any
f= \ time. for the purpose licensed, City will deliver up to Santa Fe the possession of the
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whole, or such part so ceased to be used.
' 6. That it will use the licensed premises and maintain the public road to be
located thereon in such manner as not to interfere with, hinder, or in aQY manner ob-
struct the use by Santa Fe of its railroad or other property adjacent thereto. In the
' event of a breach of this covenant at any time, City will, within ten (10), d~s after
receipt of written notice from Santa Fe thereof, do whatever may be necessary to rem~
such condition, and if City should fail so to do within said time, Santa Fe may do so at
City 1 s expense, bill for the cost of \.nlich City will promptly pay.
7. That no legal right of Santa Fe to maintain, use and relocat~ the railroad track
or tracks or other railroad facilities now located upon the licensed premises, or to con-
struct and thereafter·maintain, use and relocate any additional track or tracks, or other
railroad facilities as it ~ desire, upon or across said licensed premises shall be in
anywise affected by the giving of this license.
8. That it will bear and pay the entire cost or maintaining the public road upon the
licensed premises except that portion thereof to be maintained b,y Santa Fe as provided
above in Article I, Section 4.
9. That it will promptly pay to the Santa Fe, upon receipt of bill for same, all
costs in excess of $9,000 incurred by Santa Fe in constructing the underpass structure
and altering its facilities as set forth in Article I, Sections 2 and 3.
10. That it will carry or require its Contractor to carr,r in favor of Santa Fe,
Public Liability Insurance in the amount of $200,000.00 and Property Damage Insurance in
the amount of $50,000.00.
11. That all damages and claims for damages to adjoining, abutting or other pro-
party, if any there be, arisine out of, incident to, or in any way connected with the in-
stallation, the construction, the use, the existence or the maintenance of said project,
C sha~ be adjusted and paid for solely by the City, and the City shall and does hereby
agree to hold harmless Santa Fe against aqr and all claims, demands and causes of action
for recover.y of any and all such damages arising out of the installation, the construction
the use, the existence or the maintenance of said project, and agrees to a~sumc the defense
I EJ of any and all suits brought for the recovery of all such alleged dc9.l'.M.ges, and shlll inter-
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vene and. make itself a party there·in in its own name, if' it is not already made a ' party
thereto, for the purpose, and shall ·if requested in writing by the Santa Fe so to do~
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wholly relieve said Santa Fe .from defending the same, and hereby agrees to hold Santa Fe
harmless as ~o court costs, attorneys* .fees and all expenses in connection '~th such suits,
and hereb.y assumes and agrees to pay all judgments recovered against Santa Fe by reason of
the construction, the insallation, the use or the existence or the maintenance o.f said
project.
12. That this license is made subject to all valid, existing and future contracts,
agreements, licenses and easements which~ affect said property, covering roads, public
or private; pole lines and appurtenances; pipe lines, or other facilities.
13. That, upon (!Ompletion of said underpass and access road it will require the
closing of any existing grade crossings within .five hundred teet of said underpass location
and will not thereafter open o~ permit to be opened aqy grade crossing within .five hundred
feet of said .underpass so long as underpass is in existence, except that the existing
grade crossing approximate~ four hundred thirty teet southwest of the underpass may ·be
left in place so long as it~ be required, for emergene.y use only, providing the City
places or requires to be placed, gates on either side o.f the track, with strong padlocks,
and polices said crossing and gates to keep them locked and to prevent the use of said
crossing except b.Y adjacetlt landowners for emergency purposeso
14. That all of the covenants hereof shall inure to the benefit of the s·ac<'essors
and assigns of Santa Fe, to the same extent as to Santa Fe.
ARTICLE III
The County, in consiqeration of the aforesaid license and of the mut.ual covenants and
agreements by the Santa Fe and the City as herein set forth agrees to rei.mbnrse the City
for one-half the expense for the entire project in exce~s of the $9,000 to be contributed
toward the cost of the underpass by the Santa Fe.
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ARTICLE IV ~
The parties mutually agree that this agreement shall be effective from its date and
. . thereafter so long as said public road shall be located on the· li1!ensed premises and be
maintained in accordance with the provisions of Article II, Section 6, hereof.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed
in ~riplicate on the day and year first above stated.
ATTEST:
------------Secretary
for the Railway Compaqy
ATTEST:
- - - - -secr';t-;-cy: - -
for the City
STATE OF ILLINOIS
COUNTY OF COOK
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PANHANDLE ANlf SANTA FE RAIUIAY CONPANY
BY . 'Its--·-------P;e;i<fent-
CITY OF LUBBOCK~ TEXAS
BY -· ·----r:rs-l'.cayor.-- - - -----
LUBBOCK COUNTY, 1EXAS
BY
APPROVED AS 'ID FORM:
-------·-----~ --Count;y Attorney
Before me, ____ , a Notar.y Public in and for said Cow1ty and State,
on this day personally appeared , President of Panhandle a.nd Santa Fe
Railway Company, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and con-
sideration arrl in the capacity therein expressed, and as the act and deed of said
r Panhandle and Santa Fe Railway Company.
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Given under tey hand and seal of office this -----day of _____ , 19_.
~ Commission expires:
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• STATE OF TEXAS )
COUNTY OF LUBBOCK )
Before Me, Maxine McCandless, a Notary .'·Tublic in and for t.he County and State
above named, on this day personally appeared Hurrell R. Tripp, Mayor of the City of
Lubbock, Texas, known to me to be the person whose name is subscribed to the fore-
going insyruement, and lCknowledged to me tha.t he executed the same for the purposes
ani consideration and in the capacity therein expressed, and" as the act and deed of
said City of Lubbock, Texas.
Given under ~ hand and seal of office this lJth day of November, A.D. 19~.
THE STATE OF TEXAS )
COUNTY OF LUBBOCK )
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Notacy-P~blic Wi.thin-~-for-------
Lubbock County, Texas
Before me, , a Notary Public in and for said County and State,
on this day personally appeared , County Judge of Lubbock County
Texas, known to me to be the person whose name is subscribed to the foregoing instrumen
and acknowledged to me that he executed the same for the purposes and consideration and
in the capacity therein expressed, and as the act and deed of said Lubbock County, Texa
Given under llW, hand and seal of office this ---w-day of _______ , 1952.
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RESOLUTION
At a regular meeting of the Commissioners' Court of Lubbock County, Texas, held
on the day of , 1952, upon motion of , made
in open court and unanimously carried, it is ordered by the Court that ,
County Judge, be authorized and empowered to execute for the County, an agreement with
Panhandle and Santa Fe Railway Company, the City of Lubbock and the County of Lubbock,
pertaining to the construction of a public road on a certain portion of the property
of said Panhandle and Santa Fe Rail~ Company in the County of Lubbock, Texas, as per
copy recorded at the foot of this order.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
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I, Clerk of the County Court and Ex Officio Clerk of the
Commissjoners 1 Court of Lubbock County, Texas, do hereby certify that the above and
foregoing is a true and correct copy of an order of the Commissioners' Court as had
and entered of record at the term, ·19 __ , granting to the County
Judge of said County, authority to execute an agreement with Panhandle and Santa Fe
Railway Compaey ani the City of Lubbock and the County of J~ubbock, pertaining to the
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