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HomeMy WebLinkAboutResolution - 1416 - Permit - BNRC - Wire Line Crossing - 06/23/1983RESOLUTION 1416 - 6/23/83 JWF:da 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 as permittee therein a Wire Line Crossing Permit by and between said City and Burlington Northern Railroad Company for a wire line facility owned and to be operated and maintained by said City across said Railroad's right of way at Mile Post L-356 + 110 feet near State Highway Loop 289, 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 23rd day of June ,1983. f , jat BI M ALIS R, MA OR ATTEST: Ebelyn Gaffga, City Sect`dta(fy 71easurer or APPROVED AS TO CONTENT: Tom Nivens, Right of Way Agent APPROVED AS TO FORM: J. W r h Fullingim, Assista City Attorney y BURLINGTON NORTHERN RAILROAD 176 East Fifth Street St. Paul, Minnesota 55101 Telephone (612) 298-d7o 7 July 5, 1983 City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Gentlemen: RE: Permit 244,182 - power cable - Lubbock, Texas Attached is copy of completed agreement for your file. Sincerely, (Mrs.) Michele S. Keller Lease Representative Industrial Development & Property Management Enc. CMSK75.6 5, m� AL 1 ' 1983bt " ity sfoRE ARY C DUPLICA11 i RESOLUTION 1416 - 6/23/83 Wire Line Crossing Permit No. 244,182 ITY SECRETARY -TREASURER BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Railroad", whose post office address is 176 East Fifth Street, St. Paul, Minnesota 55101, hereby grants permission to CITY OF LUBBOCK, a municipal corporation of the;.State of Texas, whose post office address is P. O. Box 2000, Lubbock, Texas 79457, hereinafter called "Permittee", to construct, operate, maintain, inspect, use and remove a wire line facility, including all necessary poles, wires, caoles and conduits together with necessary appurtenances thereto, hereinafter called "Wire Line", upon and across the railroad tracks, communication or signal wires and right of way of Railroad, either above or below the surface thereof, for the purpose of transmitting electric current for power or for communication, as hereinafter described: a power cable over the right of way and tracks of Railroad's railway at Lubbock, Lubbock County, Texas to be located at Mile Post L-356 + 1110 feet as shown colored red on the print hereto attached, marked Exhibit "A" dated April 7, 1983, and made a part hereof. This permission is given upon the following terms: 1. Permittee will pay in advance Two Hundred Dollars ($200.00) for the first ten (10) year period hereof and One Hundred Dollars ($100.00) for each subsequent ten (10) year period that this permit remains in effect and will also pay all taxes and assessments that may be levied or assessed against the Wire Line. Railroad reserves the right to change the amount of said charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for change in the amount to be',charged hereunder shall in no way affect Railroad's right to terminate this permit pursuant to Paragraph 14 hereof. 2. Said Wire Line shall be used for the sole purpose of conducting electric currents at a potential not to exceed 115 KV volts. 3. Said Wire Line shall be constructed and maintained in accordance with Railroad's requirements, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction. Application and plans shall be submitted by Permittee to Railroad and shall be approved b Railroad or any `reconstruction of the Wipe Line. y prior to construction 4. All cost of construction and maintenance of the Wire Line shall be paid by Permittee. If it is necessary, as determined by Railroad's Division Superintendent, for Railroad to perform any portion of the work of construction, maintenance, or removal of the Wire Line, same shall be at expense of Permittee. Railroad will determine the costs of any such work and submit bill for same to Permittee and Permittee shall promptly pay such billed amount. f • � 5. If in the judgment of the Railroad's Division Superintendent, the construction, maintenance, or continued existence of Wire Line herein contemplated necessitates any change or alteration in the location or arrangement of any wires, structures or other facilities of Railroad or of third persons, the cost of such change or alteration will be paid by Permittee. 6. Railroad shall have the right for reasons of safety to require that repairs be made to said Wire Line and upon written request from Railroad Permittee shall promptly make such repairs at Permittee's expense. If at any time it becomes necessary in the judgment or Railroad for reasons of safety or otherwise, to, require change in the location, elevation, or method of construction of said Wire Line, such changes will be made -by Permittee at Permittee's expense within thirty (30) days after being requested to do so. 7. After the completion of construction of said Wire Line or 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. 8. Permittee shall, upon the giving of 48 hours' notice to the Railroad's Division Superintendent, have the right to enter the premises of Railroad 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 or others on 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. 9. This permission is granted subject to permits, leases, and licenses, if any, heretofore granted by Railroad affecting the premises upon which said Wire Line is located. 10. 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, or other property or appurtenances thereto, Permittee agrees immediately to make such changes in said Wire Line and furnish such protective devices to Railroad and its lessees or licensees as shall be necessary in the judgment of Railroad's representatives to eliminate such interference. The cost of such protective devices and their installation shall be borne solely by the Permittee. If any of the interference covered by this paragraph shall be, in the judgment of 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. 11. Permittee agrees that the said Wire Line and the use of 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 limited to property owned by, leased 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 Wire Line upon Railroad premises. 12. It is understood by the parties that said Wire Line will be in danger of damage or destruction by fire or other causes incident to the operation, maintenance, or improvement of the railway, and Permittee accepts this permit subject to such dangers. It is therefore agreed, as one of the material considerations of this permit, without which the same would not be granted, that Permitteehereby assumes all risk of loss, damage, or destruction to said Wire Line without regard to whether such loss be 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 service of Railroad, or of defective appliances, engines, or machinery, and Permittee does hereby save and hold harmless Railroad from all such damage, claims, and losses. 13. It is agreed that the provisions of this permit are for the equal protection of any other railroad company or companies including National Railroad Passenger Corporation (AMTRAK) heretofore or hereafter granted the joint use of Railroad's property upon which the above described Wire Line is located. r l . I ' V^ \ w l M'° G. P �� � �• /0 � `, a• 93'?odd Com- , \� •3S` ry ams/h / C O %,A 0000000 Prop. lis Kv Aerial Power line Xiny. •w9'' / Wi-4 . Steel Pole /i -Frames. Minimum Clearance 9s' above Top Of /fail. M. P. 4-35'6 + ///0"/ or 3S6 09 _2• �N �, •\� Ga `�• 0 _ o • o• •A w ; • k �� Z, tib Ro >\ r 4 .. as njr_,/ � ?� x30, 9 .bee ra 0 Cor" C./P x eS 629+99 ti6�Sc �,52gsse.72ao m 0 y *77-03S6 e c $ o„�, ' W 7 i 2¢ . , i ° X 3O0, - Corgi°' Aga;,, G'LP a, / j0%AS o c6jJ �p8 ,A �S� G ZppeS lb iir- V A61_ _ -___ ___ /rj 6g - to �ti_'=`�'L_ -_.:. �, •• .� %_ 9s�f� vv EXHIBIT "A" BURLINGTON NORTHERN RAILROAD FORT WORTH REGION l Contract With �`►' CITY OF LUBBOCK 2 /O 1Q b, For 115 KV Aerial Power Line Crossing With Steel Pole H -Frames y O.H. Clearance 95 Ft. At M.P. L-356.21 Lubbock, Texas r11� Office of Chief Engineer Fort Worth, Texas April 7, 1983 Scale: l"=400' • / / sp r 313 5 I 14. 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 same. Any such notice shall be good if deposited in the United States mails addressed to the party being notified at such party's post office address above stated. Upon termination Permittee shall promptly remove the Wire Line from Railroad's premises and if Permittee shall fail to remove same or any other material or property owned by it within the time prescribed in a notice of termination, Railroad may appropriate such property to its own use without compensation, or may remove the same at the expense of Permittee. 15. 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 without Railroad's written consent. 16. Permittee shall notify Railroad's Division Superintendent a minimum of 48 hours prior to its entry on Railroad's right of way. 17. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment. Permittee shall construct and maintain its said power cable as herein provided, placing the cable thereof so that it shall at no point be less than ninety-five feet (95') above the top of rails in the track or tracks of Railroad's railway as the same is now or hereafter',may be constructed. IN WITNESS WHEREOF, the parties hereto have executed these presents this 1st day of June, 1983 BURLINGTON NORTHERN RAILROAD COMPANY By I General Manager Leases Witnesses to Signature of Permittee: i i -A LUBBOCK 025406 LUBBOCK, TEXAS 25 406 STATEMENT OF ACCOUNT COVERED BY THIS VOUCHER VOUCHER INVOICE IINV. DATE VENDOR coos INVOICE AMOUNT DISCOUNT NET - 2904 05-25-83 93490 62 200.00 200.00 1. INVOICE 2. CREDIT MEMO TOTAL 200 00 200.00 3. MISCELLANEOUS . � NON-NEGOTIABLE I CHECK AMOUNT N O. /� c THE CITY OF LUBBOCK 88136 0 2 5 4 0 6 LUBBOCK, TEXAS 1 02540693490061583QB Ra-DWOF CITY OF LUBBOCK ONLY DATE 06/15/83 TO: TEXAS COMMERCE BANK WHEN PROPERLY ENDORSED LUBBOCK. TEXAS VOID iD DAYS AFTER DATE CHECK AMOUNT PAY EXACTLY 200 DOLLARS 00 CENTS s *t * *,200 QQ 1 AS ALLOWE&IY THE CITY COUNCIL. GIVEN UNDER OUR HANDSAND3114E SEACOF THE CITY OF � UBBOCK. TO THE BURLINGTON NORTHERN -RAILROAD C ORDER .176 E FIFTH ST OF ST PAUL MINN 55101 % MAYOR OF LUBBOCK 1 : CITY SECRETARY �— II50 2540611' 1: 1 1 130436SI: "'B1O4 21rr13?6811' BURLINGTON NORTHERN RAILROAD May 25, 1983 t 176 East Fifth Street St. Paul, Minnesota 55101 Telephone (612) 298-2707 D g� City of Lubbock JUj,� 71983 P.O. Box 2000 Lubbock, TX 79457 ITY SECRETARY, Gentlemen. RE: ..Permit 244,182 - power cable - Lubbock, TX Enclosed, in duplicate, is the above-mentioned agreement. BOTH copies should be signed in the presence of witnesses and returned for signature on behalf of Burlington Northern. One copy will be returned for your record. Please send a check payable to Burlington Northern Railroad Company for the rental specified in the agreement. Sincerely, (Mrs. Michele S. Keller Lease Representative Industrial Development & Property Management Attachs. DMSK525.19 r i DUPLICATE Wire Line Crossing Permit No. ; 244,182 BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Railroad", whose post office address is 176 East Fifth Street, St. Paul, Minnesota 55101, hereby grants permission to CITY OF LUBBOCK, a municipal corporation of the State of Texas, whose post office address is P. 0. Box 2000, Lubbock, Texas 79457, hereinafter called "Permittee", to construct, operate, maintain, inspect, use and remove a wire line facility, including all necessary poles, wires, caoles and conduits together with necessary appurtenances thereto, hereinafter called "Wire Line", upon and across the railroad tracks, communication or signal wires and right of way of Railroad, either above or below the surface thereof, for the purpose of transmitting electric current for power or for communication, as hereinafter described: a power cable over the right of way and tracks of Railroad's railway at Lubbock, Lubbock County, Texas to be located at Mile Post L-356 + 1110 feet as shown colored red on the print hereto attached, marked Exhibit "A" dated April 7, 1983, and trade a part hereof. This permission is given upon the following terms: 1. Permittee will pay in advance Two Hundred Dollars ($200.00) for the first ten (10) year period hereof and One Hundred Dollars ($100.00) for each subsequent ten (10) year period that this permit remains in effect and will also pay all taxes and assessments that may be levied or assessed against the Wire Line. Railroad reserves the right to change the amount of said charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for change in the amount to be charged hereunder shall in no way affect Railroad's right to terminate this permit pursuant to Paragraph 14 hereof. 2. Said Wire Line shall be used for the sole purpose of conducting electric currents at a potential not to exceed 115 KV volts. 3. Said Wire Line shall be constructed and maintained in accordance with Railroad's requirements, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction. Application and plans shall be submitted by Permittee to Railroad and shall be approved by Railroad prior to construction or any reconstruction of the Wire Line. 4. All cost of construction and maintenance of the Wire Line shall be paid by Permittee. If it is necessary, as determined by Railroad's Division Superintendent, for Railroad to perform any portion of the work of construction, maintenance, or removal of the Wire Line, same shall be at expense of Permittee. Railroad will determine the costs of any such work and submit bill for same to Permittee and Permittee shall promptly pay such billed amount. 5. If in the judgment of the Railroad's Division Superintendent, the construction, maintenance, or continued existence of Wire Line herein contemplated necessitates any change or alteration in the location or arrangement of any wires, structures or other facilities of Railroad or of third persons, the cost of such change or alteration will be paid by Permittee. 6. Railroad shall have the right for reasons of safety to require that repairs be made to said Wire Line and upon written request from Railroad Permittee shall promptly make such repairs at Permittee's expense. If at any time it becomes necessary in the judgment of Railroad for reasons of safety or otherwise, to, require change in the location, elevation, or method of construction of said Wire Line, such changes will be made by Permittee at Permittee's expense within thirty (30) days after being requested to do so. 7. After the completion of construction of said Wire Line or 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. 8. Permittee shall, upon the giving of 48 hours' notice to the Railroad's Division Superintendent, have the right to enter the premises of Railroad 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 cf Railroad or others on 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. 9. This permission is granted subject to permits, leases, and licenses, if any, heretofore granted by Railroad affecting the premises upon which said Wire Line is located. 10. 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 'theoperation, maintenance or Use- by -Railroad -of -its right rof way; tracks-, structures, pole -lines, signal and -communication lines,.radio or other equipment, devices, or other property or appurtenances thereto, Permittee agrees immediately to make such changes in said Wire Line and furnish such protective devices to Railroad and its lessees or licensees as shall be necessary in the judgment of Railroad's representatrvesio eliminate such interference. The cost ofsuch, protective devices and their installation shall be borne solely, by the Permittee. If any of the interference covered by this paragraph shall be, in the judgment of 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. 11. Permittee agrees that the said Wire Line and the use of same fqr 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 dnd 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 limited to property owned by, leased 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 Wire Line upon Railroad premises. 12. It is understood by the parties that said Wire Line will be in danger of damage or destruction by fire or other causes incident to the operation, maintenance, or improvement of the railway, and Permittee accepts this permit subject to such dangers. It is therefore agreed, as one of the material considerations of this permit, without which the same would not be granted, that Permittee hereby assumes all risk of loss, damage, or destruction to said Wire Line without regard to whether such loss be 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 service of Railroad, or of defective appliances, engines, or machinery, and Permittee does hereby save and hold harmless Railroad from all such damage, claims, and losses. 13. It is agreed that the provisions of this permit are for the equal protection of any other railroad company or companies including National Railroad Passenger Corporation (AMTRAK) heretofore or hereafter granted the joint use of Railroad's property upon which the above described Wire Line is located. - A � , 14. 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 same. Any such notice shall be good if deposited in the United States mails addressed to the party being notified at such party's post office address - above stated. Upon termination Permittee shall promptly remove the Wire Line from Railroad's premises and if Permittee shall fail to remove same or any other material or property owned by it within the time prescribed in a notice of termination, Railroad may appropriate such property to its own use without compensation, or may remove the same at the expense of Permittee. 15. 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 without Railroad's written consent. 16. Permittee shall notify Railroad's Division Superintendent a minimum of 48 hours prior to its entry on Railroad's right of way. 17. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment. 18. Permittee shall construct and maintain its said power cable as herein provided, placing the cable thereof so that it shall at no point be less than ninety-five feet (951) above the top of rails in the track or tracks of Railroad's railway as the same is now or hereafter may be constructed. IN WITNESS WHEREOF, the parties hereto have executed these presents this 1stday of June, 1983 BURLINGTON NORTHERN RAILROAD COMPANY By General Manager Losses Witnesses to Signature of Permittee: CITY OF LUBBOCK By 1Iayor Attest City Clerk 1 prm GOOG7 7.80 I I �Ui I � � �o 1\ O s M.p 4` 3e ^/ 3 Pr ss6.33. C,-o �o ` Coni • r �. Prop. lis Kv Aerial Power Line Xing. With 57Leel Pole H-Frames. Min]MU7" O.H C/earance 9S' a/iove Top OF gait. / \ " M. P. L-35'6 +Ilio' e Z o W - 6# \ c+ ti 2� X3o• xih9 ��eo /a/ . Cori .0 /P 6279+ eg 6`�r '�� t'3seo OI L,. r Xl P. ipe SeC is - ca Al e j 6£0 I �A� \ A�' EXHIBIT "A" BURLINGTON NORTHERN RAILROAD FORT WORTH REGION Contract With 2 Oy CITY OF LUBBOCK For 115 115 KV Aerial Power Line Crossing 4 Steel Pole H-Frames y O.H. Clearance 95 Ft. / 0,7. At M.P. L-356.21 Lubbock, Te Office of Chief Engineer Fort Worth, / April 7, 1983 Scale: 1" �`� 1°��3 JVD , , A BURLINGTON NORTHERN RAILROAD May 25, 1983 176 East Fifth Street St. Paul, Minnesota 55101 Telephone (612) 298-.2707 INC wgr:w nt City of Lubbock JUPd i9$3 P.O. Box 2000 Lubbock, TX 79457 CITY Gentlemen: SECRETARY Y RE: Permit 244,182 - power cable - Lubbock, TX Enclosed, in duplicate, is the above-mentioned agreement. BOTH copies should be signed in the presence of witnesses and returned for—signature on behalf of Burlington Northern. One copy will be returned for your record. Please send a check payable to Burlington Northern Railroad Company for the rental specified in the agreement. Sincerely, (Mrs. Michele S. Keller Lease Representative Industrial Development & Property Management Attachs. DMSK525.19 CITY SECRETARY -TREASURER aim 77 JCIT,Ir O!= LUEaEBOCK 762-6411 P. O. Box 2000 LUBBOCK, TEXAS 79457 .lune 27, 1983 Ms. Michele S. Keller Lease Representative Industrial Development E Property Management Burlington Northern Railroad 176 E. Fifth Street St. Paul, Minnesota 55101 RE: Resolution 1416 - 6/23/83 Wire Line Crossing Permit Dear Ms. Keller: Enclosed herewith to you are duplicate originals of the above referenced Permit, and a copy of*Resolution 1416 authorizing ,the Mayor to execute these permits. Please secure the signature of the Burlington representative, and return the ori-ginal designated "City Secretary" to me for the official records. Attached hereto is Check #025406 in the amount of $200.00, as -required. Thank you for your assistance. EVELYN GAFFGA, CMC City Secretary Enclosures (3) cc: Tom Nivens, ROW Agent