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Home My WebLink AboutResolution - 1167 - License Agreement - ATSFRC - Water Pipleine, Burris, Texas - 08/12/1982RESOLUTION 1167 - 8/12/82 jJWF/mck j RESOLUTION IBE 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 said 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 water pipeline 254 feet in length and 11.10 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 Council this 12th day of _ , 1982. B L c S , 0 ATTEST: yn Gaffda, City APPROVED AS TO CONTENT: Tom Nivens, Right of Way Agent APPROVED AS TO FORM: A .n - .. J./Worth Fullingim, Assiftant City Attorney �1i1V lA r.G Vt11b1:�t1L Ct-31487 Form 1658 Sfcndard (Approved by General Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this 27th day of July 19 82� betweenTHE AJCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY 11 a_— Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF.LUBBOCK, TEXAS, a Municipal corporation, acting herein by its Mayor, hereunto duly authorized (hereinafter, whether one or more, called "licensee"), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, LicenFor licenses Licensee to construct and maintain_ one ( 1) pipe line, two hundred fifty four (254.0) feet in length and _ 11.10 ) inches in diameter (hereinafter, 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 Burris, Lubbock County, Texas the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.___ X-673-8 , dated July 15, 1982 , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying _zater and shall not use it to carry any other commodity or for any other purpose whatsoever. S. Licensee shall pay Licensor as compensation for this license the sum of Two Hundred Fifty And NO/100ths - ($250.00) - Dollars - - - - - - - - - - - - - - - - - - - - - - - - d. Licensee shall, at its own cost and subject to the supervision and control of Licensor'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 PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the pans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Li- censor 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 per- form 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 Licensor'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. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all toss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, 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 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 de- mand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the same condition in which the were PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's premisesrior oashaforesaid withiof n ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation here- under, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPELINE 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 PIPE 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 Mail, postage prepaid, addressed to Licensee at % City_Secretary� Treasure. City of Lubbock P O. Box 20Q0. Lubbock, Tgxas 79457 Any notice to be given hereunder by Licensee to Licenso shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor's Division Superintendent at 900 South Polk Street Amarillo, Texas 79171-0001 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. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, Iegal 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 bind. ing upon Licensor without the written consent of Licensor in each instance. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY. (Licensor) Approved as to Description: A E-V yr Its_Assistant to General Manager Chief Engineer. - CITY OF LUBBOCK, TEXAS, Its Mayor (Licensee) The A. T. g S. F. Ry. Co. -Dcscnptlon Approved For AGM•Engineering Western Lines I CT- 3/tt�7 EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY �L.q/�✓5 DIVISION FOdeT.^Y DISTRICT AND G'O!/E.8/ic/G .Q i✓�OTE.e L/^/E C•BOSS/NG �T SCALE 1 = /OD A.G.M.-ENGINEERING-AMARILLO. TEXAS No. DATED: 7V4y/S 17pZ, v6 /^7i9P 3/ 0 h TO / / / rs�ra LvBdOC,C �� G79t %SO � !-wEX-y✓G. i PfP¢ IV ' !TELE. + �3S ��wATfiC -''`mac � co.✓r. ,✓o. car •ve /.J791 L z e- x.. f -w--. e Li.✓l CASING PII . /69-17 / ca.✓r..►M. �StL To -} CATHODIC PROTECTION — TYPE.SIZE AND SPACING OF INSULATORS OR SUPPORTS CARRIER PIPE CASIEJG PIPE CARRIER PIPE CASING PII O.D. OF PIPE ///D /P. DON LENGTH ON R/W -Z.5- .S"O CONTENTS TO BE HANDLED A✓oerE- 0 ACTUAL WORKING PRESSURE 70 �S/ PIPE MATERIAL pc�C>�LE TYPE OF JOINT ,.rPvdQE.t C.os-Cev- �.�-✓DS SPECIFICATIONS AND GRADE CL. /.SO t• A,�.S�1�cl COATING/9S�.f'�DLT 4; 011e WALL THICKNESS 0- 42-5_ /Z 622', METHOD OF INSTALLATION 8a.�-�✓F VENTS: NUMBER — SIZE — HEIGHT OF VENT ABOVE GROUND SEALS: BOTH ENDS — ONE END BURY: BASE OF RAIL TO TOP OF CASING m45- FEET to INCHES BURY: NATURAL GROUND j5LrA-1) _.L FEET O INCHES INSTALLED AS PER C.E.S. 5515 BURY: ROADWAY DITCHES ¢ FEET a INCHES PLACED BY DRY BORE ONLY CATHODIC PROTECTION — TYPE.SIZE AND SPACING OF INSULATORS OR SUPPORTS