HomeMy WebLinkAboutResolution - 1713 - Wire Line Crossing Permit - Burlington Railroad - E Loop 289 - 06/14/1984RESOLUTION 1713 - 6/14/84
HW:da'
RESOLUTION
BE ITRESOLVED 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 as permittee therein a Wire Line Permit by and between
said City and Burlington Northern Railroad Company for a wire line facility
to be'constructed, owned, operated and maintained by said City across said
Railroad's right-of-way as shown in Exhibit No. DRF -021, 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 Resolu-
tion as if fully copied herein in detail.
Passed by the City Council this 14th day of June , 1984.
A OR
ATTEST:
ty §ec tar -Tre
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
RESOLUTION 1713 - 6/14/$4
No. 246,949 �►7��r�+Y TR�A`'.�€?��.ir
' WIRE LINE PERMIT, (LONGITUDINAL)
BURLINGTON
�
NORTHERN RAILROAD COMPANY (formerly
BURLINGTON NORTHERN INC.) a .Delaware corporation, hereinafter called "Railroad", whose address is 176 East
Fifth Street, St.l Paul,'Minnesota 55101, in consideration of the rents to be paid and the covenants to be kept and performed
by LUBBOCKi' POWER AND LIGHT, a. Texas 'corporation,
whose post office address is T. 0. Box , 2000; 'Lubbock, Texas 79457,
hereinafter called "Permittee",
hereby permits 'Permittee io construct, Operate, maintain, inspect, use and remove 8 wire! line facility, including all necessary
poles, wires, cables and conduits together with necessary appurtenances thereto, hereinafter called "Wire Line", upon the
right of way iailroad,'either above or below the surface thereo0or rthe' purpose of transmitting electric current for power
or for corrimdnication`as`hereinafter described:
an aerial,ppwer.l.i.ne upon and across Railroad's right of,way at -Lubbock, Lubbock
County; Testas as shown colored red on the print hereto attached, marked Exhibit No.
DRF-021dated March' 27;' 1984,,,and,,made, *,part hereof,.
r r
pp
i
This permit is given on the following terms and conditions;
't: ' (a1' PerFnittee will pay in advance to Railroad for tfiis permit the`sum bf Four Hundred Doll ars ' ($400.00)
for the fir t five -(5) year "period and `Two Hundred 'Fifty Dollars ($250.00) `for each
five '(5) ye rsthereafter';
also all taxes -and assessments that may be levied or assessed against said Wire Line.
(b) Aiilroad reserves the right to change the amount of said charge at any time while this permit remains in effect
upon ,thirty-i30};days', vvritten.notice. This provision for change in the amount to be charged hereunder shall in no way affect
Railroad's rjgh,t of termiriaiion, under paragraph 8 hereof. r
(c) Addition of wires to the WireR Line is subject to prior approval,of,Railroad upon application in writing to make
such addition hawing been made by Permittee. Permittee is hereby given the right to remove wires in said Wire Line, giving
Railroad written,notice of any such.removal. Railroad will .upon approval of applications for -placing additional wires or upon
receipt of written notice of removals, advise Permittee in writing of any change in payment on account of shy such additions
or removals, and bills thereafter will be rendered accordingly.
__..
2. The voyage carried,by said Wire Line shall at no time exceed 115 kV volts. The location of the said Wire
Line upon the, ght of way of Railroad and the construction or any reconstruction thereof shall be in accordancewith
application and tans submitted to and approved by Railroad prior to its construction or any reconstruction. Construction
and maintenance of the Wire Line shall conform to the requirements of,the National Electric Safety Code and any statute,
order, rule or regulation of any public authority having jurisdiction.
Form 60066 12-80
3. (a) All cost of construction and maintenance of said Wire Line shall be paid by Permittee. Should the construction,
maintenance or operation of said Wire Line necessitate any change or alteration in the location or arrangement of any wires,
structures or other facilities of Railroad or third parties, the cost of such change or alteration will be paid by Permittee.
(b) Permittee shall, upon the giving of 48 hours' noticeto the Railroad's Division Superintendent, have the right to
enter the premises of,Aailroad for the purpose of maintaining, repairing or removing said Wire Line, and, in the exercise of
this right, shall not unduly interfere with the rights of Railroad orothers oh -the premises. In the case of bonafide emergency,
the 48 hours' notice may be waived; however, if emergency work is necessary Permittee shall make every effort to notify
Railroad that such, work is to be done. Permittee shall, at its own expense, restore any .facilities on said premises which are in
any manner disturbed by. such maintenance, repairs or removal. .
(c) Railroad may by, written order 'require Permittee o make repairs to said Wire Line for reasons of safety,
inductive interference or otherwise, or require Permittee to change the location, elevation, construction or method of
,operation of the said Wire Line. All of said repairs or changes shall be made promptly by Permittee at its sole expense within
:thirty, (30) days after being requested to do so.
'(d) 'if the operation or maintenance of said Wire Line shall at any time cause interference, including but not limited
to physical interference from electromagnetic induction, electrostatic induction, or from stray or other currents, with the
facilities of Railroad or of any lessee or licensee of Railroad, or in any manner interfere with the operation, maintenance or
use by Railroad of its right of way, tracks, structures, pole lines, signal and communication lines, radio or other equipment,
devices, other property or appurtenances thereto, Permittee agrees immediately to make such changes in its Wire Line and
4urnish suph •protective devices to Railroad and its lessees or licensees as shall.be necesary in the judgment,of.Railroad's
representative: to eliminate such interference. -The cost iof'such protective devices and their installation shall beLborne solely
by Permittee. If any of the interference covered by, this paragraph shall be, In the judgment'of the Railroad, of such
importance to .the .safety of .Railroad's operations as to require it, Permittee, upon notice from Railroad, shall either, at the
Railroad's election, cease using said Wire Line for any purpose whatsoever and remove the same, or reduce the voltage or load
on said Wire Line, or take such other interim protective measures as Railroad may deem advisable, until the protective devices
required by this paragraph have been installed, put in operation, tested, and found to be satisfactory to correct the
interference.
(e) After the completion of construction of said Wire Line, any repairs thereto or removal thereof, Permittee shall
remove from the premises of Railroad, to the satisfaction of the Railroad's Division Superintendent, all false work and
equipment used in the installation, repair, or removal work.
4. Railroad reserves the right to use its property in any manner not inconsistent with the permit herein made, including,
but not limited to, the right to cross under or over said Wire Line, as the case may be, at any point for the purpose of con-
structing or maintaining roads or roadways.
5. Permittee agrees that the said Wire Line and the use of the same for conducting electric current shall not damage
the railroad or structures of Railroad or the property of The Western Union Telegraph Company, or any other property upon
the premises of Railroad, or be a menace to the safety of Railroad's operations or any other operations conducted on said
premises. Permittee does hereby release, indemnify and save harmless Railroad and The Western Union Telegraph Company,
their successors and assigns, from and against all loss, damages, claims, demands, actions, causes of action, costs, and expenses
of every character which may result from any injury to or death of any person whomsoever, including but not limited to
employees and agents of the parties hereto, or from loss of or damage to property of any kind or nature to whomsoever
belonging, including but not lirryted to
p, pwnedGby, ,lfased, to,, or, in the care, custody, and control of the parties
hereto •and said Telegraph Company,'when such injury, death, loss, or damage is caused or contributed to by, or arises from,
the construction, installation, maintenance, condition, use, operation, removal, or existence of said Wireline uppri Railroad
premises. v
6. It is understood by the parties that said Wire Line will be in danger of damage or destruction by fire or other causes
'incident tothe operation; mainten'anee or improvement of the railway, and Permittee accepts this permit subject to such
"dangers:°his Kherefore agreed, as one_ of the materiafionsiderations of'this permit, without which the same would not be
'granted, that Permittee hereby as§umes'all risk' of loss-, damage'or destruction to said Wire Line without regard to whether
"such �los"s` .4 occasioned by 'fire 'or' sparks from locomotives or other 'causes incident to or� arising ,from the movement of
locomotives, trains or cars of any kind, misaligned switches, or in any respect from the 'operation, maintenance or
improvement of the railway, or to whether such loss or damage be the result of negligence or misconduct of any person in the
employ, or serviceof Railroad, or of defective appliances,. engines,,or, machinery, and Permittee does hereby save and hold
harmless'Railroad from all such damage, claims and losses. "''
7. It is agreed
t1.hat the provisions, of this
,, " ,perp - ,tion�(r, th RAK) Thereto pion of
any other railroad company or
s. are,
companies includi National.Railroad Passes er, Cor p granted the joint use of
` d's property of which the premises upon which said Wire Line is located are a part.
Railroa
i
8. This permit shall be binding upon, and inure to the benefit of the parties, their successors and assigns; provided,
however, that Permittee shall not assign this permit or any,interest therein Vv thout ;Railroad's written consent.
2
A
9. Either ;Party hereto shall have the right to terminate this permit, and the same shall terminate, at the expiration of
ninety (90) days after the giving of written notice by one party to the other of intention to terminate the same. Any such
notice shall be ood if 'deposited in the United States mails addressed to the party being notified at such party's post office
address above sated. Upon termination Permittee shall promptly remove the Wire Line from Railroad's premises and if
Permittee shallail to remove same or any other material or property owned by it within the time prescribed in a notice of
termination, Rilroad may appropriate such property to its own use without compensation, or remove the same at the
expense of Perrrfittee.
10. This prmit is granted subject to permits, leases and licenses, if any, heretofore granted by Railroad affecting the
premises upon which said Wire Line is located.
a
11. Permi �ee shall notify Railroad's Division Superintendent a minimum of 48 hours prior to its entry on Railroad's
right of way.
12. An easLment for the benefit of the public is reserved for any public roads heretofore laid out or established and now
existing over and across any part of the right of way of Railroad.
13. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
i
4 WITNESS WHEREOF the parties hereto have executed these presents this 16th day of May,
1984.
i
BURLINGTON NORTHERN RAILROAD COMPANY
Bye Manager Leases
i
Witnesses to Signe ture of Permittee:
ATTEST;
✓ te-o �'.- '' °`A' "t a"`� Ste' LUBBOCK POWER AND LIGHT
Evelyn�'Gaffga, CMC
_Ci-ty Sdcretary
i B ✓ �'
i
Title Dire for Elect is Utilties
ALAN flailo"ENRY, . ayor
3
�• 2 O W
289-
ra
E �%r�►c EyCh'ogc.4'.e3s-T! /`�sN 35 �/f- �'.a. s�olrocc:y
OPt? i»,,A ass 3S G 9 k Y/�ok•62 ZZ A
-� Proposs ed L.P. �l. O.N. Transmission line
i z.a'` 54!.3.8' 4•I!'�S• 44.5' --465' .
A 1
jq „/fGes ;rrrri �rIRG�L rG10 8/B8
�a. N. 0 - MFG.
ACQUIRED AFE DC•5t07
RAILROAD- CO.
12.17.1.965
"► 0L.0 To
32.8 ac. comme co:tp
S. N. a-4647• rs:o
° RAILROAD
` O
t
� 1 n•�tz•.�csr.�s
1 �
=232"1.20 =--�-
/TS S•w•p s•m• 3V EASEMENT
see C"04.7544 -
.-pg. mc- f w.is.=
I 43W
r �
;w
a W
^� ° L -3S5
r �i ;
x
e4X � E � 2Z1
e I
P
To illustrate-
Permittee: aa eoc K
M-P.OPP _43S6:35TOWN3 Laa,3o.:1115
` COUNTY, 4c4 e eecx STATE 7"Ex• -5
BURLINGTON NORTHERN RAILROAD CO.
Office of Area Engineer — DENVER, COLO.
Scale: 1"=-1/00 Date= /'h .v z,? /98y'
File: Exhibit No.= 492r
Map= AA 41 Operating Division: fX 41-0'emw
t
d
a;
r
t ""rsz -z�7•
46 A.3W. EASEMENT :ROM FoRXNER
:11
CS
R,o.w. E�13
sb
FROM COP
u.n
1SCHOOL.�
SCHOOL
I 43W
r �
;w
a W
^� ° L -3S5
r �i ;
x
e4X � E � 2Z1
e I
P
To illustrate-
Permittee: aa eoc K
M-P.OPP _43S6:35TOWN3 Laa,3o.:1115
` COUNTY, 4c4 e eecx STATE 7"Ex• -5
BURLINGTON NORTHERN RAILROAD CO.
Office of Area Engineer — DENVER, COLO.
Scale: 1"=-1/00 Date= /'h .v z,? /98y'
File: Exhibit No.= 492r
Map= AA 41 Operating Division: fX 41-0'emw