HomeMy WebLinkAboutResolution - 1416 - Permit - BNRC - Wire Line Crossing - 06/23/1983RESOLUTION 1416 - 6/23/83
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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.
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DUPLICA11
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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.
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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
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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