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HomeMy WebLinkAboutResolution - 2793 - Pipeline License - ATSFRC - Five Pipelines, Sanitary Sewer & Potable Water - 03/24/1988JWF:dw RESOLUTION Resolution #2793 March 24, 1988 Item 28 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 Pipe Line License Agreement to be entered by and between the City of Lubbock (as Licensee) and the Atchison, Topeka, and Santa Fe Railway Company (as Licensor) concerning five pipelines to be constructed and maintained by.said City over, upon, under, along and across Licensor's right-of-way, being two sanitary sewer pipelines and three potable water pipelines at locations, and of such sizes as described in said agreement, 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 24th day --NTTf 5�.: aneft,e Boyd, City Secretary APPR UED CONTENT: ��lfo Watson, Chief Water UtiTrr ies Engineer APPROVE AS T FORM: M%� Lgi6li�— J:/ilofth Fullingim, Assistan Cit Attorney tv- of March, 1988. C f v B. C. MCMIN , MAYOR Resolution 2793 6-X-581 PIPE LINE LICENSE THIS LICENSE, Made this lst day of February , 19 B8, between THE ATCHISON, TOPEKA `AM -SANTA F'ki";i LWAY WWANY, a Defe are corporation (hereinafter called "Licensor"); party of the First part, and CITY OF LUBBOCK. a municipal corporation of the Stag of Texas__ __-_ here na ter, whether one or mare, ca Lille-nseo"), party of the sec part. WITNESSETH, That the parties hereto for the consideration hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licenser licenses Licensee to construct and maintain five ( 5) pipe lines., 6.9 9.05 25-8t 47.0 and 47. inches in diameter hereinafter, whether one or more pipe lines, called the "PIPE LIRE"), across or along the right of way of Licensor at or near the statical of Lubbock Lubbock County, Texas the exact location of the PIPE LINE: being more particularly shown by bold line upon the print hereto attached, No. _1-0€3304 (6.9 inch sanitary sewer), 11 mated Exhibit A' and made a part hereof. 2. Licensee shall use the PIPE: LINE solely for carrying sanitarX sewer and Rotable water and shall not use it to carry any other c5g0i y or for any other purpose wtmtsoever. (a) Licensee covenants that it will not handle or transport through the pipeline on Licensor's property "hazardous waste" or '"hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body, In the event the Pipe Line is now'or in the future used in handling, or transporting of "hazardous waste" or "hazardous substances", Licensee agrees fully to comply with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Standards") concerning "hazardous waste" and "hazardous substances". Licensee further agrees periodically to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in such compliance. Should Licensee not comply fully with the above -stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) nays$ notice of termination upon Licensee; but any waiver by Licensor of any breach of Licensee's obligations shall not constitute a waiver of the right to terminate this License for any subsequent breach which may occur, or to enforce any other provision of this License. Upon termination, Licensee shall remove the Pipe line and restore Licensor's property as herein elsewhere provided. 210L (b) Notwithstanding anything contained in the liability section hereof, in case of a breach of the obligations contained in this Section, or any of them, regardless of the negligence or alleged negligence of Licensor, Licensee agrees to assume liability for and to save and held harmless Licensor from and against all injuries to any person and damage to property, including without limitation, employes and property of Licensor and Licensee and all related expenses, including without limitation attorneys' fees, investigators' fees and litigation expenses, resulting in whole or in part from Licensee's failure to comply with any standard issued by any governmental authority concerning "hazardous substances" and/or "hazardous waste". Licensee, at its cost, shall assume the defense of all claims, suits or actions brought for damages$ and fines or penalties hereunder, regardless of whether they are asserted against Licensor or Licensee. Licensee also agrees to reitrburse Licensor for all costs of any kind incurred as a result of the Licensee's failure to comply with this Section, including, but not limited to, fines, penalties, clean -uta and disposal costs, and legal casts incurred as a result of Licensee's handling, transporting, or disposing of "hazardous waste" or "hazardous substances" on the property of Licensor. (c) It is understood and agreed that a Licensee who does not now, or in the future, generate, handle# transport, treat, store or dispose of on Licensor's property "hazardous waste" or "hazardous substances" within the meaning of the Section, is not subject to the provisions of Section 2 (b) hereof. 3. Licensee shall pay Licensor as compensation for this license the sum of Twelve Hundred and No/100 Dollars ($1,200.00) 4. Licensee shall., at its own cost and subject to the supervision and control of L.icensor'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 PIPs LINE for oil, gas, petroleum. products, or _other_tlammable or hiuhly volatile substances -under oressure, the PIPL: LINA: shall be constructed, installed and hereafter maintained In conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit ii and made a part hereof. If at any time Licensee shall, in the judgnent of Licensor, fail to perform properly its obligations under this paragraphs Licensor 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 perform 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 for false work to support Licenser's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. .. 2 3•-4-55/1655/210L b. Licensee shall at all, times indemnify and save harmless Licensor against and pay in full all ,Loss, damage# or Iexpense that Licensor maysustain, incur or become liable for, resulting in any manner from the constructions maintenance, use, state of repair, or presence of the PIPE LINED 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 sage may be terminated at any tints by either party upon ten (10) days' notice in writing to be served upon the other party, statim 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 PU: LIQ 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 kork 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 PIPs 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 PIPL 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 deemed to be properly served if it be deposited in the United States Mails postage prepaid, addressed to Licensee at c/o City Hall, Lubbock, Texas /iMMM yu rl � notice to Be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail# postage ..prepaid, addressed to Licensor's General Manager at P. 0. Box 1738# 920 S. L. Quincy Street, Topeka# Kansas 66628, 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. »3 �-a-�s-l6ssr2lcx. 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 binding upon Licensor without the written consent of Licensor in each instance. 13. �btwithstanding any other provisions of this license, Licensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as "Standards"), issued by any federal, state or local governmental body or agency established thereby thereinafter referred to as "Authority'), relating to Licensee's use of Licensor's property hereunder. In its use of the premises, Licensee shall at all times be in full compliance with all Standards, present or future, set by any Authorityr including, but not limited to, Standards concerning air duality, water quality, noise, hazardous substances and hazardous waste. In the event Licensee fails to be in full compliance with Standards set by any Authority, Licensor may, after giving reasonable notice of the failure to Licensee, and Licensee, within thirty (30) days of such notice, fails either to correct such non-compliance or to give written notice to the Licensor of its intent to contest the allegation of non-compliance before the Authority establishing the Standard or in any other proper forum, take whatever action is necessary to protect the premises and Licensor's railroad and other adjacent property. Licensee shall reimburse the Licensor for all costs (including but not limited to, consulting, engineering, clean-up and disposal costs, and legal costs) incurred by the Licensor in complying with such Standards, and also such costs incurred by the Licensor in abating a violation of such Standards, protecting against a threatened Violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Authority or court, and paying any fines or penalties imposed for such violations. Licensee shall assume liability for and shall save and hold harmless the Licensor from any claim of a violation of such Standards regardless of the nature thereof or the Authority or person assertiry} such claim, which results from Licensee's use of Licensor's premises, whether such claim arises in whole or in part from the negligence or alleged negligence of the licensor or otherwise. Licensee, at its cost, shall assume the defense of all such claims regardless of whether they are asserted against Licensee or Licensor. 14. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, administrative action 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 to save and hold harmless the 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. Any and all lawsuits or administrative actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this section, including, but not limited to, the theories of intentional misconduct, negligence, breach of"statute or ordinance, or upon any theory created by statute or ordinance, state or federal. •• 4 3.4-85-1658/210L IN WITNESS WHET EDF, the parties have executed this agreement in duplicate the day and year first above written. THE ATGiISONF TOPEKA AND SANTA FE RAILWAY AY COMPANY 8y &LA Its Assistant General Manager CITY OF UMUCK, TEXAS Its r. Mayor q110 a �c P1, d W -4,t Approved as to form: Assistant City Adorn•/ Genera ttorney - ansas 3-4-85-1658/21OL/6842e/2228/5 C. E. FILE NO. &4-04.0-01804 EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN i THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND i CITY OF LU55OCK , TEXAS CHICAGO, ILLINOIS_ _ _H G% Webb _ SCALE: 1 IN. TO 100 FT. CHIEF ENGINEER PLAINS DIV. DESCRIPTION APPROVED CR055YTON SUBDIV. DATE: Januar 18 1988 Y, E. S. 9+77.8 on Track Np ?_GG �o ip ti pa f � X To n q M P, l+per. at �' Sit 9 ➢ O N N? N c J? g N v � x k DESCRIPTION OF PIPELINE PIPELINE SHOWN BOLD CARRIER CARRIER PIP PIPE G•41" O. D. LENGTH ON R/W: G4' ± CON Sanitary Sewer G w CONTENTS: WORKING PRESSURE: �� PIPE MATERIAL: Dydilc I . BURY: BASE/RAIL TO TOP OF PIPE SPECIFICATION / GRADE: AN5l A Zl. 5Z AW WA G 15Z BURY: NATURAL GROUND WALL THKNMSS: 0.31" Min. BURY: ROADWAY DITCHES N/A — COATING: A_-�Phalt CATHODIC PROTECTION None VENTS: NUMBER 0 SIZE HEIGHT OF VENT ABOVE GROUND None NOTE: PIPE TO BE JACKED OR DRY BORED ONLY At Lubbock, Lubbock C.E. DRAWING NO. 1 - 08304 Count , Texas DIV. DWG 140. DIV. FILE NO. 88 (fc 100 G. M. FILE NO. 11 C. E. FILE NO. 64.040.01804 EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND NSDANTA FE RAILWAY COMPANY CITY OF I.UBBOCK , TEXAS CHICAGO. ILLINOIS CARRIER CASING PIPE SCALE: 1 IN. TO 100 FT. SIZE: 9.05" 0.1). eo.'IS" O.D. CHIEF ENGINEER PLAIPI5 DIV. PIPE MATERIAL. Ductile Iron Ated DESCRIPTION APPROVED CR05BYTOW SUBDIV. WALL THICKNESS: 0.33" 0.515" COAD; As l4ic co None DATE: January 18, 1988 n 'P t. up .Q -` bbo�k o Ca 100 s . .�Moiet C C %00 �. To CroabY�r► 0 ' ti• E.55. 5G+r.4 M. P. O4- 3-7 35. 5 DESCRIPTION OF PIPELINE PIPELINE SHOWN BOLD VENTS: NUMBER O SIZE HEIGHT OF VENT ABOVE GROUND None NOTE: CASING TO BE JACKED OR DRY BORED ONLY At Lubbock, Lubbock Coun+y. Texcte C.E. DRAWING NO. 1 - 08505 DIV. DWG NO. DIV. FILE NO. 85 16 100 G. M. FILE NO. *r CARRIER CASING PIPE PIPE SIZE: 9.05" 0.1). eo.'IS" O.D. CONTENTS: Potable. Waimr PIPE MATERIAL. Ductile Iron Ated SPECIFICATION / GRADE; AW WA C 152 ASTM- Gr. Z WALL THICKNESS: 0.33" 0.515" COAD; As l4ic None VENTS: NUMBER O SIZE HEIGHT OF VENT ABOVE GROUND None NOTE: CASING TO BE JACKED OR DRY BORED ONLY At Lubbock, Lubbock Coun+y. Texcte C.E. DRAWING NO. 1 - 08505 DIV. DWG NO. DIV. FILE NO. 85 16 100 G. M. FILE NO. *r CARRIER CASING PIPE PIPE LENGTH ON R/W: 2b5{-O"t 1Z3' -o" WORKING PRESSURE: 80 P51 BURY: BASE/RAL TO TOP OF CASING 5'- 1-" BURY: NATURAL GROUND 5 " 4" BURY: ROADWAY DITCHES CATHODIC PROTECTION None VENTS: NUMBER O SIZE HEIGHT OF VENT ABOVE GROUND None NOTE: CASING TO BE JACKED OR DRY BORED ONLY At Lubbock, Lubbock Coun+y. Texcte C.E. DRAWING NO. 1 - 08505 DIV. DWG NO. DIV. FILE NO. 85 16 100 G. M. FILE NO. *r C. E. FILE NO. 64-040-01804 EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND NSDANTA FE RAILWAY COMPANY CITY OF LUBBOCK, TEXAS Fi CHICAGO. ILLINOISCH_ _ EF H Ca Webb_ _ SCALE: 1 IN. TO 100 FT. IENGINEER PL AIN5 DIV. ' DESCRIPTION APPROVED 4 CR055YTON SUBDIV. a DATE: January 18, 1488 N A lit s, z 7Tell U 7"ezt �p1 QP 03 too` za tR;.1. 'Jswc�.ls•'tf+ r� 11 w Ioo O � V 4' . P. o 4-.2> 671. 3 SIZE: CONTENTS: PIPE MATERIAL: SPECFICATION / GRADE: WALL THK"ESS: COATING: DESCRIPTION OF PIPELINE PIPELINE SHOWN BOLD CARRIER PIPE 7-5-8"0.0. 5C;ex t)uc-Hlc Irtor, AWWA 0152 0.41" Min. ASDphaffie .o 7o Cro�� CARRIER PIPE LENGTH ON R/W: 141'-0"t WORKING PRESSURE: GravAy Flow BURY: BASE/RAIL TO TOP OF PIPE 5,:2• BURY: NATURAL GROUND BURY: ROADWAY DITCHES 4'- lo' CATHODIC PROTECTION None VENTS: NUMBER 0 SIZE HEIGHT OF VENT ABOVE GROUND Nom NOTE: PIPE TO BE JACKED OR DRY BORED ONLY At Lubbock, Lubbock County, Texas C.E. DRAWING NO. 1 - 085OG DIV. DWG NO. DIV. FILE NO. 88 la 100 G. M. FILE NO. fr- soaa�a r M. C. E. FILE NO. 64.040-0180.4. EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND NSDANTA FE RAILWAY COMPANY CITY O F LUBBOCK, TEXAS CHICAGO. ILLINOIS SCALE: t IN. TO 100 FT. PLAIN5 DIV. CROJ6YTON SUBDIV. DATE: January 18, I9 88 W..:e 900 _H_ G _Webb______ CHIEF ENGINEER DESCRIPTION APPROVED NN W T i, z c E. 5. 48+54-. 8 9 M. P. O+ Z9 F -r.. I $ .o `Shu f f tit�0 kC P DESCRIPTION OF PIPELINE PIPELINE SHOWN BOLD - 4 Mata tr"k-f r To Crosbyfon — CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE SIZE: 4 -1 -0"O -D- Gt.2." O.O. LENGTH ON R/W• X00'-0" 155'-6 CONTENTS: Potabtc Water WORKING PRESSURE: GO P51 PIPE MATERIAL: Stec' CO nder Rcinf. Cc n' St"A BURY: BASE/RAIL TO TOP OF CASING SPECIFICATION / GRADE: AWWAC303 ASTM AL52 BURY: NATURAL GROUND zo'-Z" Avg. WALL THK30EM I.a4' Min. O.Go^ BURY: ROADWAY DITCHES 5'-z" Avq. COAT; Cement Mori -or Nom CATHODIC PROTECTION None- oneVENTS: VENTS:NUMBER 0 SIZE HEIGHT OF VENT ABOVE GROUND Hor%e NOTE: CASING TO BE JACKED OR DRY BORED ONLY At Lubbock, Lubbock Covnty, Texas C.E. DRAWING NO. 1 - 08307 DIV. DWG NO. DIV. FILE NO. 88 16 100 G. M. FILE NO. C. E. FILE NO. G4.040.01804 lama . a • EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANYAND ' CITY OF LU660CK, TEXAS CHICAGO, ILLINOIS_ _ _ _H_ G Webb SCALE: 1 IN. TO 100 FT. CHIEF ENGINEER PLAINS DIV. DESCRIPTION APPROVED CRO55YTON SUBDIV. DATE: January 18, 1188 E. S. °1+ 31.3 on Track Z N° 750 40 �• a n g � 'Cc Mait�'1�c1F. o+� al 4. N' Ebo.- i ti S _N_ ih�t //6 3 ,k DESCRIPTION OF PIPELINE PIPELINE SHOWN BOLD CARRIER CASING CARRIER CASING PIPE PPE PPE PIPE SIZE: 470" 0. D. G1.2" O.D. LENGTH ON R/W:511-0"t 50-O"t CONTENTS: Potable Wafer WORKING PRESSURE: PP� E MATERIAL: Stmt 'nde_L 'cam ^ BURY: BASE/RAIL TO TOP OF CASING1 I�- SPECIFICATION /,GRADE: AW WA C-503 ASTM A -7 -S? -—For--, 52. BURY: NATURAL GROUND l WALL THa(NESS: I.g-4 Mi^- 0.60~ BURY: ROADWAY DITCHES N/A COATING:' C.amenf Mostar Nock CATHODIC PROTECTION Nome VENTS: NUMBER 0 SIZE HEIGHT OF VENT ABOVE GROUND None NOTE: CASINO TO BE JACKED OR DRY BORED ONLY At Lubbock, Lubbock C.E. DRAWING NO. 1 - 08306 County, Texas DIV. DWG NO. DIV. FILE NO. 0o uo iu U. M. r!Lt NW.