HomeMy WebLinkAboutContract 2083 CITY SECRETARY �
CONTRACT NO--* use
G. C. & S. F. SECI-tOTARYIS CONTRXT 110. /
MLF9 COLOI OO :AND SANTA FR RuaLWAY CUAPANY
A
' CZTT OF FORT v40FUH, TEXTS
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AGPJQMZT
;Relating; to construction, rkainte-
nance o� ration and use of a twenty-
four t 24)inch w gat er pipe line along,
and across the right of wayof Railway .
Conpany, between Kilo Post 341 x 1274.0
feet and 11ile cost 342 x 763.3 feet
and two (2) twelve (12) inch water pipe
lines, one connecting with said twenty-
four (24) inch pipe line running; across
right of way and under track of Railway
Company at Mile Post 341 x 11>03.0 feiA,
and the other connecting with said
twenty-four (24) inch pipe line at PSile
Yost 341 x 1970 feet, in Fort Worth,
Tarrant County,, Texas.
Dated 194 .
THIS :LIC1245S.9 made this the IL daffy of , 194 L,
between MY, C dT.(3R�1D0 �3D 5 "� F� Pa:TL�AY CC T Ua,� a Texas corporation
I
(hereinafter called ',Railway Company") and City of Fort Worth,, Texas, a
municipal corporation (hereinafter called "City"), acting herein by its
City Manager, hereunto duly authorized,
W I T N 4 S 3 N T H:
That the parties hereto, for the considerations hereinafter expressed,
covenant and agree as follows:
1. Subject to the terms and conditions hereinafter set forth,, Railway
Company licenses City to construct, raaintai.n,$ operate and use a pipe line
twenty-four (24) inches in diameter across and along the right of way of Rail-
way Company, between Mile 'ost 341. x 1274.0 feet and Vile Post 342 x 763.3 feet
and two (2) pipe lines twelve (I2) inches in diameter, one connectingr with said
parallel pipe line and running easterly at right angles across said right of way
and under Railway Company's track at Mile Yost 341 x 1903,.0 feet, where it leaves
Railway Company's right of way and enters the property of Terminal Building Corpora-
tion of Texas, and the other connecting with parallel line at Mile Post 341 x 1970
feet and running westerly approximately six (6) feet where,,it leaves Railway Cor%-
panyy's right of way in Jeff Davis Park, all hereinafter called "Pipeline", in Fort
forth, Tarrant County, Texas, the exact location of the ;pipeline being, described
as follows:
The twenty-four (24) inch pipe line in Flint Street in City of Fort
worth enters CCBwF Ry. Co's western right of way line and runs east-
ward approximately 6.2 feet to a point forty-four (44) feet perpen-
dicularly distant from the center line of the rain track of said Rail-
way at M. F. 341 x 1274 feet and runs thence northeastward parallel
with and at a perpendicular distance of not less than forty-four (44)
feet from the center line of said main track to a point near Siddison
,Street where it turns northward and leaves the Railwdy Company's right
of way at a point opposite Railway Company's IT 342 x 763.3 feet, in
all a distance o-' 4735.5 -eat.
- 1 _
'Aielve (12) inch pi!-,e line intersects said twenty-fo-utr (124)
inch parullel line at a point opposite ?,ailway Company's
341 X 1903 feet and runs castward a� under Hail ay
Juu�panyl z-j track approxiLxtely. 94 feet to a point iihere it
leaves said 11�.ailway 'JoLipany's right of vjLy and enters the
property of Terminal Building Corpore.tion of Texas, in Fort
.1 'orthp 'texas.
Twelve (12) inch pipe line intersects said twenty-four (24)
inch pLrallol line at -, point oppoaAte Vtailuay Cmpany's
341 X 1970 feet and runs vjesG',,jurd approxiLrately 6 feet
to a point %Aicre it leaves said F P_ilijay Co )&nyls right of
va.y and enters Jeff Davis Tark) Fort- .;orth, Texas)
L11 raore particularly shovi-n by red coloring upon the print hereto attached,
1-,,0* Do !;* U. 24�0) dated Deceiaber 24, 1947* marked "71'xhibit A" and made a
;;art hereof, and cons i ot Lj,, of 480-5.5 lineal feet of tventy-four (24) and,
tt,.,elve (12) inch water pipe linnv,, on railroad right of a.,'Gy*
2 Cit
_hUll Use -, %_- ..u�cr and shall
the Pipeline solely for m,rryi
not use it to ccrry airy other commdity) or for any other purpose WIV-Asoever.
3- City :Aiall pay Rail-uay Ooi4uny; as compens-Ition. for this license
the sum of Thirty-Yive Dollars ($35.00) upon the execution hereof I and there-
after the ;sum of Twenty-Five Dollarc, ($.2-5.00) annually in &_1 aiwe: beginning
one ye�.r from date, hereof.
4. Oity shall, at its oven cost but su'L.Ject to the supervision
and control of Ruilway Coi_ipanyl s Chief `_'4'ngizvj er, locate , ,construct, ram:in-
tain, oj_). rate and use t:z Pil.;e line in ;onf ormity -with the plans and speci-
fications shown on the print hereto attachedt marked "Exhibit B" Lax!, mde
a part hereofp and in -,uch iiarmer and of :;uch Uaterial that it will not
at any ti;,.ie be e. source of danger to) or interfere Ath the safe oiler; tion
of ins railroad. If at any time, Oily shllj in the judgment of Hailway
Coi.ipanyj J';L'il to properly perform its obligations under this paragrL.i.pho
2
Railway Company unay, at its option, itself perform such work as it deems
necessary for the safe operation of the said railroad, and, in such event
City agrees to pay, within fiftean (15) days after bill shall have been
rendered therefor, the cost so incurred by Railway Comppany; but failure
on the part of Railway Company to ;perform the obligations of City shall
not release City from liability hereunder for loss or damage occasioned
thereby.
5. City shall reimburse k4ilway Company for a.rq expense in-
curred by Railway Company for false work to sup,-ort Railway Company's
tracks and for flaqu n to protect its traffic during installation of
the Pipeline, and for any and all other expense incurred by Railway
Company on account of the Pipeline.
6. City shall at all times indemnify and nave harmless Rail-
way Company against,# and pay in full, all loss, damage or expense that
t
i���ilwa Cox �° may sustain incur or become liable for resulting in
Y . �' Y s s g
axW manner from the construction, maintenance, use$ state of repair or
presence of the Pipeline, including any such loss, damage or e"nse
arising out of (a) lass of or damage to property, (b) injury to or death
of'persons, (c) mschaaic#s or other liens of any character,, or (d) taxes
or assessments of any kind. f
7. City will., at its sole e.mpense, promptly rake any changes
in the location, depth or alig gent of said Pipeline on said right of gray
which may be necessary to prevent interference vdth the use of said right
of way by Railway Company. In the event Railway C omgpany installs track or
tracks over and across the tipeline, or in close proxIAIty to it, that in
the judgment of Chief Zagineer of Railway Company may subject the pipeline
to undue external pressure, the City agrees to strengthen or encase said
ipeline to the satisfaction of said Chief ai,-i.neer.
- 3 -
i
g. City awes to indetmaify Railway Company against loss of
e p'rodses,, or any part therero►f#' or any right therein, and assumes
liability for arty SUM paid W 16-ilwyr GaVany us loges because of
broach or alleged breach of any covenant'or' linitation of 'user contain-
,.ed in air deed or judpwnt by or under which Railway C oupanyt s rights in
and to said prmi ces woro 'acgaired,, on account of t h' _ f i v k n g ,f this
license,
9. City,, for the consideration above stated, to be paid
annually,, shall have the right to maintain, operate and use said Pipeline
on said right of way for a period of twenty (20) y Ore from the date here-
of,1 but after the expiration of said twenty (0) year period,, this contract
may be t ermina.ted by either warty upw six (6) month's notice in writing,
to oe served upon the other,, stating therein the date that such termination
shall take place, and upon such termination of this license,City shall
abandon the use of said Pipeline and remove the same and restore the right
of may and tracks to the same condition in which they were prior to the
placing of said Pipeline thereunder. In case Gity shall fail so to do
within six. (6) months :after the effective elate of termination, Railway
Company msy proceed 14d.th such work,, at the expense of City. No termination
hereof shall release City from any liability or obligation hereunder,,
whether of indemnity or otherwise$ which W have attached or accrued pre-
vious to, or which may be accruing at the time of such termination. In
the event of failure of City to prey in advance the consideration above
provided for, to be paid annually, then Railway Co pang, at its option,
my cancel and terninaite this license upon thirty (30) dayot written
notice to City; a>xd upon such termination, the rights and liabilities
-4-
of the parties hereto shall be the sate 6;.s is above 1.rovided for the ter-
wination of this lice ereupon six (6) months' notice after the expiration
of the twenty (20) year periodo
10. In case of the eviction of City by anyone owning or obtain-
ing title to the premises on which the i4peline is located, or the sale or
abandonra,ent by Railway Company of said preniees., ttailway Uompany shall not
'be liable to City for any doi;jage of any ature wh�Aooever, or to refund
any payment Lade by city to Railvey Oompany hereunder, except the i.;ropor-
tionate part of azy recurring renW, charge vAAch ray IitLve been paid here-
under In advance.
11. fkny notices request, instruction or revocation of this
licsns* to 'be --,,ivell 'by haillhay joMpany to %0ity hereunder shall be deemed
to be properly served if the seine be delivered to the City 1,,7,anager of
City* or if deposited in the postofr ice p addressed to Uity of
Fort ill`orth) 'Texas.
12. ii'Ll t1te covenants and JProvisions of this instruLlent shall
be binding upon and inure to the benefit of the successors, legal repre-
sentatives and assigns of the parties, to Vile seu--ie extejit and effect as
t1ie saA�e are binding upon and inure to the benefit of t -le ._artier liereto,
but no assigrLient hareot by City, its successors, legal rep�resentzttives
or assigns, or any subsequent assignees shall be biyidiyg upon Railway
Uomj_any without the vritten consent of ,ziaijvay c;oMpany in each izwtrnc:ee
ID ':M!32SS MIM 3CF s the parties zh.ve executed this a reement e
in duplicate p t1he day axed year First above written.
GULF, O-GLORADO, AND SAh T t M lUJUAY CW:yjjy
' l
By
Ito ViceFresidant
m
/ 41�1- p
Gic ;secretary Its City kwrtger
WEDNESDAT, APRIL 28, 1948
On the 28th day of April A.D.. 1948. the City Council of the City of Fort
Worth. Texas, convened in regular session with the following members present, to wit;
F. B. Dean, Mayor; R. C. Murphy, A. L. Carnrike, J. R. Edwards, Clay J. Berry,
Orville B. Tunsti7l, George B. Eagle and Malvern Marks, Councilmen; W. O. Jones, City
Manager. S. S. Birdsong, City Secretary= R. 39. Rouer, City Attorney; I. N. McCrary,
Councilman absent; with more than a quorum of said Council at which time the following
business, among other things, was transacted:
City Manager Jones presented. a coavraot between the City of Fort
Worth. and the Q. C. &. S. F. Railwkv for the construction and maintenance
of a twenty-four (24) inch parallel water pipe line across and along the
right-of-ra<p of Railway Company. between MP 341 s 11274.0 Feet and K' 342
x 0763.3 feet and two (2) pipe lines twelve (12) inches in diameter, one
connecting with said parallel pipe line and. running sastsrly at right
angles across said right-of-way and under the Railway Company's tracks
at UP 341 z 1903.0 feet and the other one connecting with said parallel
line at NP 341 x 1970 feet and running westerly approximately six (6)
feet where it leaves Railway Company's right-of-way in Jeff Davis Park,
all in the City of Fort North, Tarrant County, Texas, whereupon the
following proceedings were had.
It was moved, seconded and unanimously voted that W. 0. Jones.
City Manager, be authorised and empowered to execute on behalf of the
City of Fort "Forth, Texas, such contract or agreement, copy of which
Is hereto attached.
THE STATE O? Y'RKAS
X
COUNTT OF TARRANT �
i, F. S. Birdsong, City Secretary of the City of fort Worth, TexRx. do
hereby certify that the above and foregoing is a true and correct?copy of an excerpt
from the Minutes of a regular meeting of the City Council of the City of Fort `forth
held on the 28th day of April A. D.. 1948. as same appears of record in Minute Book
d-19 Page No. 489.
WITNESS MT HAND and the official seal of the City of Fort Worth, Texas, this
the 24th day of May A. D., 1948.
Gf-�
CITY SZOMARY OF THR C i'Y OF HT nOFStj, IfMS
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EXHIBIT ifA11
ATTACHED TO A LICENSE FROM
' GULF, COLORADO AND SANTA FE RAILWAY COMPANY
To
CITY OF FORT WORTH, TEXAS
FOR A 24 INCH WATER MAIN ON RIGHT .
OF WAY FROM M.P. 341 PLUS 1274.0 FEET
To M.P 342 PLUS 0763.3 FEET, AND A 12 INCH
PIPE LINE CONNECTION AT M.P 341 PLUS 1903.0
FEET, AND M. P 341 PLUS 1970.0 FEET.
NEAR FORT WORTH, TARRANT COUNTY, TEXAS
D.E.O. FORT WORTH, TEXAS SCALE I"= 400'
D. E.O. No. 2440 DECEMBER 2411947
DATED.' ? <<1
APPROVE
FOR CHIEF ENGINEER
47z
Not less than 25 feet from,measured at Not less than 25 feet from,measured at
right angles lo,center line ofnear track right angles to,centerline of near hack i
I
Greater distance may be requiredby General Manager
Ba//as t
V` )
,-----
..ea---------- '"` Where in the opinion of General Mn aager
,. ..._.•---••-
Not drown to sco%� dra9
in e ditches or other Conditions require
- - (
a greater depth,pipe sha//be so instal%
CORRESPONDING SIZES OF
CARRYING AND CASING PIPE
CAST IRON WROT IRON OR STEEL or welded joints,or Wrought Me:•-c ban t
Carr in asin Vent Carr in Casin Vent Corr in Cosin Ysnt with threaded or welded joints
4" f0" 1%2" f" 2''2" 8" 10" 1�"
6" f2" 1%2" f%'2 3" 9" 12" 1%2" b.-Cosingpipe:
8 . f4" 2" 2" 4" f0" 12" 2"' When carrying pipe is less than 4%2 inches ,
f 0" 16" 2" 2�12" 4" 1f" 15'O.D. 2" in diameter,may be of concrete,vim-
12" 18" 2%2' 3" 4%2" 12 16"0..D. 2" Pied the or other suitable material.
f4" 20_ 2%2" 3%2" 5" 14O.D. I " nlp�"l When carrying pipe is4%2inchesorover
f6" 24" 3" 4" 6" 15"D.D fal", 2%2" /n diameter,must be one of the types
18 " 00" 3" 4 W" 6" 16"O.D. 20'O.D. 2%2" specified cobove for "carrying pipe"
20" 30" -3" 5" 7" f" f7"O.D. 21"O.D. 3"
6" 8" 1�12" f8"O.D. 22 00. 3"
7" 10" f%2" 20"0.D. 24D.D. 3"
22"0.D. 26"0.17 3"
All O.D. sizes based on pi a walls 3/8"117ick
4: Ends of Cosingpipe over 6 inches in
GENERAL NOTES— diameter shall be securely andpermanent-
f.- Wdtel-/0/Pe lines shall not be p/aced under any /y sealed against inflow of moisture,and
track,nor upon,under,through or within 25 feet shall be provided with ventpipe in accord-
of any building,bridge,culvert or other important ance with table and as shown in sketch.
structure without consent of General Manager- 5-- The outside of carrying pipe and both
2.- Casing pipe.is required for installations of all sizes inside and outside of metal casing pipe shall
of carrying pipe when pressure of carrying pipe be thoroughly coated with an approved rust
exceeds fO pounds per square inch and resisting paint.
must be installedas shown in the above sketch- 6: Type ofconstructioo ofal/instal/ations
3: Pipe must conform to the following specifications: must be approved by General Manager.
a:Carrying pipe: 7- Where laws or orders of competent public
Trade Standard Cast Iron with leaded bell and authority prescribe a higher degree of pra-
spigot or flanged joints, or Steel with threaded tection than specified herein,then the higher
degree of protection so prescribed shall be
GULF, COLOR,aDO & SANTA FE RAII-WN't COMPANY deemed a part of the specifications set
EXHIBIT 'B' forth in this Exhibit.
PLAN TO ACCOMPANY LICENSES FOR
UNDERGRADE CROSSINGS OF
WATER-PIPE LINES.
C E SYSTEM NO 51 Ol-1. CHICAGO, APRIL• 1920
C E G 763-I2499-1 pp qq
TH15 EXHIBIT 5UPER�E0`5 EXHIBIT-B"C E.G.7G3-IZ016-A DATED MAY,1927 This Exhibit supersedes Exhibit '•U, CE5..510f-f,dakd February,1927
Gulf, Colorado and Santa Fe Railway Company
W. K. MENARD
SECRETARY AND TREASURER
S.T.HANSON,
J.A.D2ANNING,
Paymaster A.st.Secretary,Asst.Treasurer
Galveston, Texas, Nov. 18, 1948.
JM-11
File No.
Contract No. 28731
Mr. E. S. Birdsong,
City Secretary,
Fort Worth, Texas.
Dear Sir:
Z enclose the duplicate original
of the contract of the City of Fort Worth
With this Company' for the City' s Water line
along and across our right-of-way at Fort Worth.
Please acknowledge receipt.
Yours truly,
Sec'y & Treas.
SANTA FE—DEDICATED TO SErtVICF.
i
November 19, 1948
Galvegtnn,
7:ear airs
This will -cmn le(lge receirt of 7n r intt-r
of the 15th inst., File Jm-ll, !'ontract
28731, with which .7ou eucloeed the ^it9*s
ozea .ted counterpp-rt of the above. contrar.to
yntiNa truly.