HomeMy WebLinkAboutResolution - 5184 - Pipe Line License - A T & SF Railway Company - 10In Water Piline Across Railway - 05/23/1996RESOLUTION N0. 51$4
May 23, 1996
Item X610
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 10 -inch water pipeline across railway
property by and between the City of Lubbock and the Atchison, Topeka & Santa Fe Railway
Company for one pipeline facility to the constructed, owned, operated and maintained by said
City of Lubbock across said Railroad's right-of-way at mile post 677 + 4292, attached hereto,
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
EVI US.`II
ettyJohnson City Secretary
APPROVED AS TO CONTENT:
1 Ed Bucy, Right -of -Way gent
APPROVED AS TO FORM:
23rd
r
arold Willard, ssistant City Attorney
HW:js1AT&SFRR.RES
ccdocs/May 9, 1996
day of May , 1996.
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RESOLUTION
�.osolution #2672
October 22, 1987
Agenda Item #29
A RESOLUTION AMENDING RESOLUTION NO. 2481 BY REPEALING SECTION 5
THEREOF WHICH ADOPTED SELF INSURANCE COVERAGE FOR THE CITY OF LUBBOCK 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 deems 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Lubbock Self Insurance Fund is hereby in all things repealed.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 October
B.C. McMINN, MAYOR
anett&Boyd, City Secr6tart'
APPROVED AS TO CONTENT:
Robert Massengale Assistant
City Manager for Financial Services
APPROVED AS T��.
q�tv, C-- (:42
o C. Ross, Jr., City Attorney
. 1987.
BNSFBurlington Northern Santa Fe
One Santa Fe Plaza 420 Southeast Quincy Street Topeka, Kansas 66612-1116
P.O. Box 1738 Topeka, Kansas 66601-1738
June 18, 1996
11017289
City of Lubbock
Attn: ED BUCY
P.O. Box 2000
Lubbock, TX 79457
1._1 Attached is application per your request. Please fill out and return along with two copies of
work plans.
1-1 Attached are duplicate copies of Atchison, Topeka & Santa Fe Railway Company's form of
contract for execution by an official authorized to execute contract agreements on behalf of your
company. Please return both copies for completion on behalf of Atchison, Topeka & Santa Fe
Railway Company after which a fully -executed copy will be returned for your records.
1 1 Attached are triplicate copies of Atchison, Topeka & Santa Fe Railway Company's form of
Assignment. Please arrange for execution all copies by an official authorized to execute contract
agreements, and forward same to the Assignor/Assignee for their similar execution and their
return of fully -executed copies to all concerned.
1X1 Enclosed is your fully -executed original, Contract No, 190773 for your records.
1 j Please enclose Certificate of Insurance in accordance with requirements of this agreement.
1 1 Please enclose check in the amount of to cover rental and/or one-time administrative
processing fee made payable to, Atchison, Topeka & Santa Fe Railway Company Railway
Company.
1X1 Please contact Atchison, Topeka & Santa Fe Railway Company's Roadmaster Victor Lopez
at Lubbock, Texas telephone (806) 765-3955, 3 days in advance of entry.
1X1 You may contact ART HERNANDEZ of my staff for any assistance you require at telephone
(913) 435-2110 or 1-800-676-0145 press 3 on the menu.
1X1 Other:
This will acknowledge receipt of your Check No. 0069214 dated May 20, 1996 covering
administrative cost and the City's Resolution in lieu of a certificate of insurance.
Sincerely,
E. R. Spangler
Director Permits & Contracts
ATFORMI
f
RESOLUTION NO. 5184
May 23, 1996
Item #10
Form Approved
by VP -Law 11017289
CONTRACT NO. 190773
PIPE LINE LICENSE
THIS LICENSE, Made this 23rd day of April, 1996, between THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation
(hereinafter called "Licensor"), party of the first part, and CITY OF LUBBOCK, TEXAS, a
Texas corporation (hereinafter, whether one or more, called "Licensee"), party of the second part.
WITNESSETH, That the parties hereto for the consideration hereinafter
expressed covenant and agree as follows:
I . Subject to the terms and conditions hereinafter set forth, Licensor grants a
nonexclusive license to Licensee to construct and maintain one (1) pipe line(s), ten (10) inches in
diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along
the rail corridor of Licensor at or near the station of Lubbock, County of Lubbock, State of
Texas, (50th & US 84) the exact location of the PIPE LINE being more particularly shown by
bold line upon the print hereto attached, No. 1-05719, dated April 10, 1996, marked "Exhibit A"
and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying water 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 Seven
Hundred Fifty and No/ 100 Dollars ($750.00).
4. Licensee shall, at its own cost and subject to the supervision and control of
Licensor's field engineer, locate and/or relocate, 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 or rail corridor of Licensor, or the safe operation of its
railroad. When the PIPE LINE is used 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 plans and specifications
shown on print hereto attached, marked Exhibit B and made a part thereof. If at any time
Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this
paragraph, Licensor may, at its option, arrange for the performance of 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 perform the obligations of Licensee shall not release Licensee
from liability hereunder for loss or damage occasioned thereby.
8-12-94-1658/210V. WP5
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for
false work to support Licensor's tracks and for flagman to protect its traffic during installation and
maintenance periods and for any and all other expense incurred by Licensor on account of the
PIPE LINE.
6. (a) Except as set forth in Section 6 (b), Licensee shall release, indemnify,
and hold harmless Licensor for all losses, damages, expenses, injuries or
death to Licensee, its employees, agents and contractors, arising in any
manner from the performance of this agreement, except for Licensor's
gross negligence or intentional misconduct.
Licensee further agrees to release, indemnify, and hold harmless
Licensor for all losses, damages, expenses, injuries, or death to any
person, including Licensor, which arise in any manner from the
construction, maintenance, use, state of repair or presence of Licensee's
pipelines.
(b) Whenever any employee, agent or contractor of Licensee or any of
Licensee's Parties makes any claim for personal injury or death against
Licensor within the meaning of the Federal Employers' Liability Act, or
any applicable safety act, (45 U.S.C. § 51 et. seq.), for any incident
caused, wholly or in part, by property, equipment, fixtures or condition
belonging to or subject to the control of Licensee, or claims or alleges
that he or she is an employee of Licensor or is furthering the operational
activities of Licensor, Licensee agrees to indemnify and hold harmless
Licensor for all losses, damages, costs or expenses related to such
claim, regardless of Licensor's negligence.
7. If at any time during the term hereof Licensor shall desire to make any use of
its rail corridor with which the pipeline will in any way interfere, including the relocation of
existing or the construction of new pipelines and other facilities in which it shall have an interest,
Licensee shall, at Licensee's own cost, within thirty (34) days after receiving written notice from
Licensor to such effect, make such changes in the pipeline as in the judgment of Licensor may be
necessary to avoid interference with the proposed use of its rail corridor.
8. In lieu of Licensor's standard insurance requirement, Licensor accepts
Licensee's self-insured declaration per Licensee's attached Resolution.
9. Upon written notice from Licensor, Licensee agrees to assume the defense of
any lawsuit, or other proceeding brought against Licensor by any public body, individual,
partnership, corporation, or other legal entity, relating to any matter covered by this License for
which Licensee has an obligation to assume liability for and/or save and hold harmless Licensor.
Licensee shall pay all the costs incident to such defense including, but not limited to, attorneys'
fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction
of judgments.
-2-
5-24-94-1658/214V. WP5
10. (a) Licensee shall comply with all federal, state and local environmental
laws and regulations in its use of Licensor's rail corridor, including, but
not limited to, the Resource Conservation and Recovery Act, as
amended (RCRA), and the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA). Licensee
shall not maintain a treatment, storage, transfer or disposal facility, or
underground storage tank, as defined by RCRA, on or under Licensor's
rail corridor. Licensee shall not release or suffer the release of oil or
hazardous substances, as defined by CERCLA, on Licensoes rail
corridor. Notwithstanding any other requirements in this contract,
Licensee assumes all responsibility for the investigation and cleanup of
such release and shall indemnify and defend Licensor and its agents for
all costs and claims, including consultant and attorney fees, arising in
any manner out of such release or Licensee's failure to comply with
environmental laws, regardless of whether such costs or claims are
caused or contributed to by the negligence or alleged negligence of
Licensor, except to the extent such costs or claims are proximately
caused by Licensor's gross negligence or intentional misconduct.
(b) Licensee shall give Licensor timely notice of any release, violation of
environmental laws or inspection or inquiry by governmental authorities
charged with enforcing environmental laws with respect to Licensor's
rail corridor. Licensee also shall give Licensor timely notice of all
measures undertaken by or on behalf of Licensee to investigate,
remediate, respond to or otherwise cure such release or violation.
(c) In the event that Licensor receives notice from Licensee or otherwise of
a release or violation of environmental laws which occurred or is
occurring during the term of this License, Licensor may require
Licensee, at Licensee's sole expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release or
violation.
11. If default shall be made in any of the covenants or agreements of Licensee
contained in this document, or in case of any assignment or transfer of this License by operation
of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in
writing upon Licensee; but any waiver by Licensor of any default or defaults shall not constitute a
waiver of the right to terminate this License for any subsequent default or defaults, nor shall any
such waiver in any way affect Licensor's ability to enforce any Section of this License. The
remedy set forth in this Section shall be in addition to, and not in limitation of, any other remedies
that Licensor may have at law or in equity.
- 3-
5-24-94/210V. WP5
12. Licensee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Licensee on the
PIPE LINE and shall indemnify Licensor against any loss, liability or expense incurred by
Licensor on account of such liens. Licensor is hereby authorized to post any notices or take any
other action upon or with respect to the PIPE LINE that is or may be permitted by law to prevent
the attachment of any such liens to Licensor's premises; provided, however, that failure of
Licensor to take any such action shall not relieve Licensee of any obligation or liability under this
Section or any other Section of this License.
13. In the case of eviction of Licensee by anyone owning or obtaining title to the
rail corridor on which the PIPE LINE is located, or the abandonment by Licensor of said rail
corridor, 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.
14. Any notice to be given by either parry shall be deemed to be properly served
if deposited with the United States Postal Service, or other acceptable mailing service, postage
prepaid, addressed to either party, at the addresses and department shown beneath signature of
the parties.
15. In the event that Licensee consists of two or more parties, all the covenants
and agreements of Licensee herein contained shall be the joint and several covenants and
agreements of such parties.
16. Any contractor or subcontractor performing work on or in connection with
the PIPE LINE shall for the purpose of this license, be conclusively deemed to be the servant and
agent of Licensee acting on behalf and within the scope of such contractor's or subcontractor's
employment for Licensee.
17. Neither Licensee, nor the heirs, legal representatives, successors or assigns of
Licensee, nor any subsequent assignee, shall underlease or sublet the PIPE LINE nor assign or
transfer this License or any interest herein, without the prior written consent and approval of
Licensor.
18. It is understood and agreed that this License shall not be filed in the Real
Property records of Lubbock County, Texas.
19. All the covenants and provisions of this License shall be binding upon the
heirs, legal representatives, successors and assigns of Licensee. No assignment by Licensee shall
be binding upon Licensor without the written consent of Licensor in each instance.
20. All questions concerning the interpretation or application of provisions of this
License shall be decided according to the laws of the State in which the PIPE LINE is located.
5-24-94/210V. WP5
21. To the maximum extent possible, each provision of this License shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this License shall be prohibited by, or held to be invalid under, applicable law, such provision
shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not
invalidate the remainder of such provision or any other provision of this License.
22. The waiver by Licensor of the breach of any provision herein by Licensee
shall in no way impair the right of Licensor to enforce that provision for any subsequent breach
thereof.
23. Notwithstanding any other provisions of this license, Licensee shall comply
with all statutes, ordinances, rules, regulations, orders and decisions issued by any federal, state or
local governmental body or agency established thereby relating to Licensee's use of Licensor's
premises hereunder.
24. 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 90 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 demand of Licensor, shall abandon the use of the PIPE LINE and remove the
same and restore the rail corridor of Licensor to the same condition in which it was prior to the
placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's rail corridor
within 90 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
hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events
happening prior to the date the PIPE LINE is removed and the rail corridor of Licensor restored
as above provided.
25. This License is the full and complete agreement between Licensor and
Licensee with respect to all matters relating to license on the Premises, and supersedes any and all
other agreements between the parties hereto relating to license on the Premises.
-5-
5-24-94/214V. WP5
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate
the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
P. O. Box 1738
Topeka, Kansas 66601-1738
By
Director Permits & Contracts
Title - ---
(Licensor)
CITY OF LUBBOCK,
P. O. Box 2000
Lubbock, Texas 79457
DAVID R. LANGSTON
Title MAYOR, CITY OF LU
(Licensee)
ATTEST:
&Q,- k�- CY
Betty t. Johnson, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-yi y Agent
APPROVED AS TO FORM:
6:::4:aa �� I
arold Willard, Assistant City Attorney
3-4-85-1658/210V.WP5 - 6 -
lubblang/2.110/ 11017289
A.M. FILE NO. 11017289
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF LUBBOCK
TOPEKA, KANSAS
SCALE: 1 IN. = 100 FT.
SLATON SUBDIV.
DATE 04/10/1996
TO TEXICO
0
50'
_ - _..... uS
V- 6
MAP 31
PARCEL -
PROPERTY LINE
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frra
777-7�-
r ROPERTY LINE
j TO SWEETWATER
DESCRIPTION OF PIPELINE"`
PIPELINE SHOWN BOLD
AT LUBBOCK
COUNTY OF LUBBOCK STATE OF TX
CTF
A.M. DRAWING NO. 1-05719
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CARRIER
CASING
CARRIER
CASING
PIPE
PIPE
PIPE
PIPE
SIZE:
1 0 "'
15"
LENGTH ON R/W:
100'
100'
CONTENTS:
WATER
WORKING PRESSURE:
50 PSI
PIPE MATERIAL:
STEEL
BURY: BASE/RAIL TO TOP
OF CASING
8' -
SPECIFICATION
/ GRADE: C-900
C R B
BURY: NATURAL GROUND
67
WALL THICKNESS:
0.250"
0• 52 0
BURY: ROADWAY DITCHES
M N•
COATING:
N/A
NSA
CATHODIC PROTECTION
N/A
VENTS: NUMBER
N/A SIZE -
HEIGHT OF
VENT ABOVE GROUND -
NOTE:
CASING TO BE JACKED OR DRY
BORED ONLY
AT LUBBOCK
COUNTY OF LUBBOCK STATE OF TX
CTF
A.M. DRAWING NO. 1-05719
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