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Home My WebLink AboutResolution - 2001-R0192 - Canadian River Municipal Water Authority Agreement With City For Railroad Proj. - 05/10/2001Resolution No. 2001-RO192 May 10, 2001 Item No. 29 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 an agreement entitled "Agreement Between Canadian River Municipal Water Authority and the City of Lubbock Relating to Common Rights -of -Way" with the Canadian River Municipal Authority granting the City permission for the Marsha Sharp East-West Freeway railroad relocation project to construct an at -grade railroad bridge over the right-of-way of the Canadian River Aquaduct. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this loth day of May 20 1. WINDY SITT , MAYOR ATTEST: Rebecca Garza, City Secreta APPROVED AS TO CONTENT: Ed Bucy, Right of Way Went FR 99 0 • 1KelWI�Ta Linda L. Chamales Supervising Attorney, Office Practice LLC:cp Ccdocs/CRMWA Agmt.Res April 20, 2001 Resolution No. 2001-RO192 May 10, 2001 Item No. 29 AGREEMENT BETWEEN CANADIAN RIVER MUNICIPAL WATER AUTHORITY AND THE CITY OF LUBBOCK RELATING TO COMMON RIGHTS-OF-WAY FOR CANADIAN RIVER AQUEDUCT AND RAILROAD RELOCATION FOR EAST -WEST FREEWAY THIS AGREEMENT is made this 1-7 day of fI 2,OK, by and between the Canadian River Municipal Water Authority ("CRMWA,") and the City of Lubbock ("City"). WHEREAS, the City desires to construct an at -grade railroad bridge at the crossing of the 27" inside -diameter CRMWA water line near County Road 6400 (Ursuline Avenue) approximately 0.7 miles west of FM 179 in Lubbock County, Texas (the "Railroad Bridge"), which Railroad Bridge will cross over the right -of way of the Canadian River Aqueduct (the "CRMWA Property"); and WHEREAS, CRMWA has determined that construction, operation and maintenance of the Railroad Bridge on the terms set forth in this Agreement will not be incompatible with the CRMWA Property; NOW, THEREFORE, for and in consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. CRMWA consents to crossing of its right-of-way by the City for the Railroad Bridge under the terms of this Agreement and in accordance with Bridge Layout Plan and Specifications which shall be agreed upon by the parties in writing prior to construction. The minimum earth coverage of the CRMWA Property shall be 36". 2. CRMWA reserves the right to survey, construct, reconstruct, operate, maintain, and remove the CRMWA Property. If the CRMWA Property is to be altered, modified or replaced within the right-of-way under the Railroad Bridge, CRMWA agrees to notify the City and to furnish information concerning the proposed construction. 3. In the event of an emergency, if immediate action is necessary to protect the public or to minimize property damage and loss of investment, either party may, at its own responsibility and risk, make necessary emergency repairs and shall notify the other party of the repairs as soon as practicable. 4. The City shall advise CRMWA in sufficient time to permit inspection by CRMWA of the work on the Railroad Bridge. 5. The City will construct, operate and maintain the Railroad Bridge in a manner which avoids damage to, obstruction of, or interference with the operation or maintenance of CRMWA Property. The City will reimburse CRMWA for any damage or loss to CRMWA resulting from construction, operation or maintenance of the Railroad Bridge. 6. CRMWA and the City agree that it will cost more to maintain the CRMWA Property under the Railroad Bridge than would be the case if the Railroad Bridge did not cross over the CRMWA Property. In the event that maintenance is required on CRMWA Property under the Railroad Bridge and the maintenance is not a result of the construction, operation, or maintenance of the Railroad Bridge (as provided in paragraph 5), nevertheless the City shall reimburse CRMWA for the actual costs incurred which are in excess of the costs that would have been incurred had the Railroad Bridge not been built over the CRMWA property. 7. The City assumes the entire responsibility for construction, maintenance, and operation of the Railroad Bridge, and nothing herein shall ever be construed to place on CRMWA any manner of liability for injury to or death of person or persons or for damage to or loss of property arising from or in any manner connected with construction, maintenance, operation of the Railroad Bridge or the operation of the railroad over the Railroad Bridge. To the extent permitted by law, the City agrees to defend, protect, indemnify and hold harmless CRMWA, its members, officers, directors and employees, from and against any damages that may be incurred or assessed on account of any personal injury, disease or death of any person(s) or damage to or loss of any property caused by or in any way relating to the construction, operation or maintenance of the Railroad Bridge or the operation of the railroad over the bridge. In the event any claim is made against the City and CRMWA arising, in any manner, from the construction, maintenance, or operation of the Railroad Bridge, or the operation of the railroad over the Railroad Bridge, the City agrees to bear 100 per cent of any reasonable attorney's fees and costs incurred by CRMWA to the extent the City and CRMWA are represented jointly by the same counsel. CRMWA reserves the right, however, to engage additional, or separate counsel, and further reserves the right to conduct its own defense. In the event CRMWA does engage any additional or separate counsel, CRMWA shall be responsible for any costs and expenses incurred by it through separate or additional counsel. The City's indemnity obligations shall not limit or be limited by any insurance coverage. Joint -Use Agreement - Page 2 00174105.doc 8. CRMWA and City agree that if it is necessary to lower the CRMWA water line described above prior to construction of the Railroad Bridge: a. CRMWA will relocate the water line in accordance with applicable pipeline industry and railroad industry (AREMA) specifications, in a manner satisfactory to City; b. To the extent CRMWA does undertake to lower the water line, it will cooperate with the City in scheduling such work; provided however, CRMWA shall not be required to interrupt delivery of water through the water line during peak delivery periods. c. City will reimburse CRMWA for reasonable costs and expenses, incurred in a one- time relocation of the existing facilities, (including, but not limited to labor, materials, and supplies, handling and storage charges, subcontractors, transportation and equipment, preliminary engineering, construction engineering and inspection, permit fees, taxes and overheads); d. Following completion of the relocation, CRMWA will submit a final invoice detailing all direct and indirect costs incurred by CRMWA in installing the water line. CRMWA will maintain records verifying costs incurred for a period of two years and will provide said records to the City for review if requested. e. If the relocation is not performed in accordance with applicable pipeline industry and railroad industry (ARMEA) specifications, in a manner satisfactory to City, or if it is placed in an unsatisfactory location, costs for adjustments to the relocated utility shall be the responsibility of CRMWA. f. By agreeing to or by relocating or modifying any of its water lines pursuant to this Agreement, CRMWA shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this Agreement under valid and subsisting public or private right-of-way easements granted to or otherwise vested in CRMWA unless CRMWA shall have released same by written instrument. The water line relocated by CRMWA will continue to be owned and operated by CRMWA. Joint -Use Agreement - Page 3 00174105.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year written above. APPROVED: CANADIAN RIVER MUNICIPAL WATER AUTHORITY By: _ neral Manager CITY OF LUBBOCK By: Title: WINDY SIZTON, Mayor (Corporate Seal) (Corporate Seal) Attest STATE OF TEXAS ) COUNTY OF Attest 4 ,C This instrument was acknowledged before me on the /16 -day of , 2001, by WINDY SITTON Mayor of the City of Lubbock. TANYA MALINAK ,o��a e��••. Notary Pt>bk, State Of TOXaS My Comms Expires \>r��DEC EMSER 9, 2003 d�z�;.. STATE OF TEXAS ) COUNTY OF 14 L,4 e-� , AIS o t -j ) tart' P lic in an for the State of Texas My Commission Expires: /,� -9-y3 This instrument was acknowledged before me on the / 7 Mday of �% 2001, by U h W+ I (I p m S G' eAl--r 4) Mq k t q *_ y of the Canadian River Municipal Water Authority. f o1 Y P�e�i TFIORAL JOHNSON NOTARY PliIsL6C w h STATE OF TPr Notary Publicin and for the State of Texas My Commission Expires: / -,;z q- - a ;z - Joint -Use Agreement - Page 3 00174105.doc 'bfueprt*4+ -iyfc AAP IN FILE SEE RESOLUTION #I) f) 0 017�� elop� / — t,\\ 0/