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HomeMy WebLinkAboutResolution - 1471 - Pipe Line License - ATSFRC - Sewage Pipe Line, Near Yellow House Creek - 09/08/19833; HW:js RESOLUTION RESOLUTION 1471 - 9/8/83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City a Pipe Line License Agreement to be entered into by and between said City (as Licensee) and the Atchison, Topeka and Santa Fe Railway Company (as Licensor) for a pipe line 200 feet in length and 25.8 inches in diameter, 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 8th ATTEST: U,elyn Gaf ga, City ec a y -Treasurer APPROVED AS TO CONTENT: Tom Nivens, Right -of --Way Agent APPROVED AS TO FORM: W n er Jr 1(iiap R1 R Harold Willard, Assistant City Attorney day of September: , 1983. -ALM HENRY, M YOR RESOLUTION 1471 - 9/8/83 3206 -PIPE k-r�,,:cFrL,F-/'.?1i.TRf�ASl_��iFF� .�t' .I'rG �Q PIPE LINE LICEN THIS LICENSE, Made this 12th day of August, i9610 between THE ATCHISnN, TC' M AND SANTA FE RAILWAY COWANY, a Delaware corporation (hereinafter called "Licenser"), party �of the first part, and CITY OF LU3BXKs TEXAS, a municipal corporation, acting herein by its Mayor, -hereunto duly authorized (hereinaftert whether one or more called "Licensee"), party of the second part. WITNESSETH, That the parties hereto for<the considerations hereinafter expressed covenant end agree as follows: 1. Subject to the terms end conditions hereinaftez set forth, Licensor licenses Licensee to construct and maintain ane'(,l) pipe line, 200 feet in length and 25.6 inches in diameter (hereeinafter, whether; one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station`of Lubbock, Lubbock County, Texas, the.exact location of the PIPE LINE beim more particularly shown by solid line upon`the print hereto attached, No.` 1-001740 dated must 8, 1983, marked "Exhibit A" and made a part hereof., 2. Licensee shall use the PIPE LINE solely for carrying sewage and shall not use it to cerry any other commodity or for any other purpose whatsoever. 3. Licensee stall pay Licensor as compensation for. ;this license the sum of Two Hundred Fifty and No/110ths Dollars ($250.00)- 4. $250.00).a. Licensee shall, at its own cost aril subject to the supervision and control of +Licensor's chief engineer, locate',,construct.end maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of dancer to Or interference with the present or future tracks= roadbed and property of Licensor, or the safe operation of its; railroad. In eases where the Licensee is permitted under.paragraph 2 hereof to';use the PIPELINE for oi_ll as troieum roducts or ether flammable or high1 volatile substances under ressure, the PIPE LINE ahs be constructed, installed,and thereafter malnta ned In con`ormity with the plans and specifications shown. on .print hereto attached in such cases, marked Exhibit 8 end made; s para hereof., if at any time Licensee shall,'i,n the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad$ and In such event Licensee sgrees 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 reinrse Licensor for any expense Incurred by Licensor for false work to support Licensor's tracks end, for 1legman to protect its traffic during installation of.the PIPE LINE and f6r.any.w*4 all ether expense Incurred by Licensor on account of the PIPE LINE. b. Licensee shall at all times indemnify,.and save harmless Licensor against and pay in full all lass, damage or expense.that Licensor may sustain, incur ter become liable for, resulting in any manner :froom the construction, mai.ntenance# use, state or repair, or presence of the PIPE LINE, including any such loss damage or expense arising out of (e) loss of or damage to property, (b) injury to or hath of persons, (c) mechanics' or other liens of any cheracter, or (d) taxes or assessments of any hind. L Notwithstanding any:other.provisions,of this License, Licensee shall comply I ith ell statutes, ordinances, rules, regulations,.orde +end decisions (hereinafter referred to` ,as , "Standards" ), Tissued by #ny federal, ` state or local. governmenfiel body or agency established thereby (hereinafter referred to as "Authority"), relating to Licensee's,use-of Licensor-Is 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 authority, including, but not limited to, Standards concerning air quality, water quality, noise, hazardous substances and hazardous waste. Tn the event-Licensee fails to be in full compliance with Standards set by:sny Authority, Licensor may,+after.giving reasonable notice of the failure to Licensee, and Licensee, within thirty days of such notice,'fails either to correct such non-coopliance 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 asserting such claim, which results from Grantee'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 costs, shall assume the'defense of all such claims regardless of whether they are asserted egainst Licensee or Licensor. Upon written notice from Licensor; Licensee,agrees to assume the defense of ony:lowsuit,.administrative action or other:proceeding brought against Licensor by°eny'public body, individual, partnership, corporation,,or other legal entity, relating to any matter covered by this License for which Licensee hes an obligation to assume liability for and/orto save 4nd hold harmless the Licensor. Licensee shall pay all the costs incident to such defense, including, but not limited to, attorneys'•fees, investigators'.fees, litigation expense, settlement payments, and amounts paid in satisfaction.of judgment. 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 that administrative agency shall be covered by this Section, includingi 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. S. 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 ten (10) 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 ebandon the use of the PIPE LINE and remove the same and restore the right of dray and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. w. 2 w 'In case Licensee shall rell,to restore Licensorrs,premises as.eforeseid within ten tl©) days .after the 'effective date :of .terminat onr.'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 eny,ects, omissions or vents happening prior to,the date the FIFE LINE is removed.,end the right of way and track ,of Licensor restored as 'above provided. 9. in the case Iof ,the eviction Qf Licensee'.by anyone owning ,or obtaining title to the premises on which the PIPELINE Is ocated, 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 .trade by Licensee to Licensor hereunder, except the.proportionate..part,of any recurring rental.. charge, which. m€sy have been paid . hereunder in advence. 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 ilt postage prepaid, addressed to Licensee at P. d.,8ox,20oos Luibbo&#` Texas, 79457. Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the,sawi be deposited.in the;United States tail, postage prepaid, addressed to Licensor's Division Superintend et 9atl Folk Street, Amarillo, Texas, 79171. 11. In the event ,that two or troore parties execute this instrument as Licensee, all the covenants and agreements of Lic+ensee,in'this license shall be the joint and several covenants and agreements of'such parties. 12. All the covenants and provisions of this .instrument shall be binding upon and inure to the benefits of the successors, legel 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,.tut no assigroent,hereof by Licensee, its successors, legal representative or.ass gns, or any subsequent essignee, shall be binding upon Licensor without the written consent of Licen4or.in each instance. IN WITNESS t 3EOF # The parties have executed this agreement . in duplicate the day and year first above written. THE ATCHISON, TOPEKA .AND SANTA: FE RAILWAY C%PANY, (Licensor) Approved as to Descriptions .i sistent to General Manager B-7 ileEng Meer CITY OF LUE38OCK,.TEXAS B - Its M or Licensee 1427F1m k 31. It _/ � s . EXHIBIT A ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND C /TY OF G C/BQOG� CHICAGO, IL.LI�OIS SCALE: `l IN.fiO�%4'I FT. CHIEF ENGINEER �G, /.✓s DIV DESCRIPTION APPROVED c.�oseyro.✓ D 1ST. DATE SECY'S NO. V_ is .1^vlov� a� o n� i!'/i✓ L�i✓E O -ale� iO �vasacr �n CI c.Qossyro.✓ h u: W a a Q DESCRIPTION OF PIPELINE UNDER TRACK PIPE LINE LOCATED AS SHOWN BASE OF RAIL PIPE CARRIES PRESSURE SIZE KIND THICKNESS LENGTH TO TOP OF PIPE C A R R I E R-SE'�"�'OCE ,Pace raa' G.�•vri�T zSQ" i� Q• G S,• aeV -3 9 - sG CASING 109 �• L !/4&4&oG'&' TE�t'�5, C.E. DRAWING NO. 1 L U�BG►C.�C GOUit/TY DIV. FILE NO. /6.O.�1' G.M. FILE NO. CT-TZ.OJ6 C.E. FILE NO. � DIV. DWG. NO.«' . OC