HomeMy WebLinkAboutContract 8256 R
CITY SECRETARY
CONTRACT No:..ec26
SUPPLEMEPITAL AGRETIENT, Made as of this 30th
day of May, 1975, between THE ATCHISON, TOPEKA
AND SANTA FE RAILWAY COMPANY, a Delaware cor-
poration, successor in interest to GULF, COLORADO
AND SANTA FE RAILWAY COMPANY, a Texas corporation,
(hereinafter referred to as "Railway Company") ,
and CITY OF FORT WORTH, TEXAS, a municipal cor-
poration, acting herein by its City Manager,
hereunto duly authorized, (hereinafter referred
to as "city"). CITY SECRETARY
R F. C_I T A L S: CONTRACT No..b'r,-W'.56
Railway Company and City are now parties to an agreement dated April
28, 1948, Railway Company's Secretary's Contract No. GCSF 28731, together with
anv and all modifications, supplements and amendments thereto, being hereinafter
referred to as "Original Contract", under which City pays Railway Company a com-
sensation of $25.00 per year for the use of portions of Railway Company property
at Fort Worth, Tarrant County, Texas, for pipe lines for carrying water.
The parties desire to modify the Original Contract as hereinafter
provided.
A G R E E M E N T:
It is mutually agreed that effective April 28, 1975, Paragraph 3 of
the Original Contract is hereby changed to read as follows:
3. City shall pay to Railway Company on or before the first day of
each period of one year during the continuance of this license
as compensation for the use of the premises for such period the
sum of Six Hundred and Vo/100 Dollars ($600.00). Railway Company
may revise the amount of such annual compensation after the end
of each three (3) year period during which this license may re-
main in effect, and without affecting the right of either party
hereto to terminate this license at any time as may be provided
elsewhere herein.
That the Original Contract, as hereinabove amended, shall remain in
full force and effect during the remainder of the term thereof.
IN WITNESS WHEREOF, the parties have executed this Supplemental
Agreement, in duplicate, as of the day and year first above written.
THE ATCHIS eT: �ANTD SANTA FE RAILWAY COMPANY
By
Its Assistant to General Manager
T CITY OF F T n-
HEEXAS
By
Its City Mana er Off ICIAL RECORD
CITY SECRETARY
1 ET. It IW TES.
r
CITY COUNCIL MEETING
JUNE 9, 1975
On the 9th day of June, A. D. 1975, the City Council of the City
of Fort Worth, Texas, met in regular session, with the following members
present, to wit:
Mayor Clif Overcash; Councilmen Joe Bruce Cunningham, Jim Bradshaw,
John J. O'Neill, Hugh Parmer, Woodie W. Woods, Richard C. Newkirk, Henry
Meadows, and Councilwoman Margret McDonald Rimmer; City Manager R. N. Line;
City Attorney S. G. Johndroe, Jr.; City Secretary Roy A. Bateman; with
more than a quorum present, at which time the following business, among
other things, was transacted:
There was presented Mayor and Council Communi-
cation No. L-4961 from the City Manager stating that
on April 28, 1948, a pipe line license agreement was
executed between the City of Fort Worth ind the
Atchinson, Topeka and Santa Fe Railway Company for
the construction and maintenance of a 24-inch water
pipe line in and along the right-of-way of the rail-
way company from Biddison Street to Flint Street, a
distance of approximately 5,000 feet (City Secretary
Contract No. 2083 and Atchinson, Topeka and Santa Fe
Railway Company's Secretary's Contract No. GCSF 28731),
which agreement was for a period of 20 years subject
to termination by either party upon six months notice
in writing at the expiration of the 20-year period
and at an annual compensation due the Railway Company
of $25.00; that, by letter dated March 19, 1975, the-
Railway Company advised the City it had determined
the annual worth of the rights held by the City for
this longitudinal installation to be $1,230.00 in
lieu of the $25.00 annually that had been charged, but
that further negotiations between the City staff and
the Railway Company has resulted in an agreed annual
compensation of $600.00 for use of the premises; and
recommending that approval be given for a supplemental
agreement between the City and Atchinson, Topeka and
Santa Fe Railway Company specifying an annual compen-
sation for the use of the premises at $600.00, --subject
to a revision of the annual compensation after the
end of each three-year ,period, which payment is to be
IL
► r
City Council Meeting
June 9, 1975
Page 2
made from Account No. 011-60602-3701, and also
recommending that the City Manager be authorized
to execute the supplemental agreement. Councilman
Cunningham made a motion, seconded by Councilman
O'Neill, that the recommendations be adopted and,
when the motion was put to a vote by the Mayor, it
prevailed unanimously.
THE STATE OF TEXAS
COUNTY OF TARRANT
I, ROY A. BATSMAN, City Secretary of the City of Fort Worth, Texas,
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 Worth, Texas, held on the 9th day of June, A. D. 1975,
as same appears of record in Minute Book H-2, Page 405 - 406.
WITNESS MY HAND and the Official Seal of the City of Fort Worth,
Texas, this the 18th day of June, A. D. 1975.
ty cretary of the
ty Fort Worth, Texas
- \ i'uc l� iR(jl,Iyiocl�il
C 1 �
Fl Santa Fe Industries Company
�x 900 Polk Street, Amarillo, Texas 79171 Telephone 806/376-5p,,1
dune 2, 1975
File: Ct 10752
Mr. R. N. Line
City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Dear Mr. Line:
Reference is being made to your letter of May 1, 1975, concerning
increasing annual rental on contract, our Secretary's No. GCSF 38731, covering
parallel pipe line for carrying water at Fort Worth, Texas.
Upon receipt of your above-mentioned letter, we again reviewed this
matter, and are willing to accept your offer of $600.00 per annum for this
parallel installation. In this respect, I am enclosing duplicate originals of
a supplemental agreement covering increase in annual rental from $25.00 to
$600.00 effective April 28, 1975. The supplemental agreement has been executed
on behalf of the Railway Company, and would appreciate your execution on behalf
of the City of Fort Worth, as well as the ,,reso_ lution attached to the supplemental
agreement with return of the copy stamped "Santa Figinal" for our records.
You may retain a copy of the document for the City of Fort Worth's records.
Thanking you for your cooperation in this matter, I am
Yours very truly,
R. FitG erald
General Manager
>
City ®f Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Pipe Line License Agreement PAGE
NUMBER Atchinson, Topeka and Santa Fe
6/9/75 L-4961 Seminar Hill Area 1of 1
On April 28, 1948 a pipe line license agreement was executed between the
City of Fort Worth and the Atchinson, Topeka and Santa Fe Railway Company
for the construction and maintenance of a 24-inch water p:pee ,line in and
along the right-of-way of the railway company from Biddi-on Street to Flint
Street a distance of approximately 5,000 feet, ((City Secretary Contract No.
_=(05and Atchinson, Topeka and Santa Fe Railway Company's Secretary's Con-
tract No. GCSF 28731).
The term of this agreement was for a period of 20 years subject to termina-
tion by either party upon six months notice in writing at the expiration of
the 20 year period.
The annual compensation due the railway company by the City for this longitu-
dinal installation was $25, which has been paid on or before the due date each
year since 1948.
By letter dated March 19, 1975 the railway company advised that it had de-
termined the annual worth of the rights held by the City for this longitudinal
installation to be $13,230 in lieu of the $25 annually that had been charged.
Further negotiations between the City staff and the railway company has re-
sulted in an agreed annual compensation for use of the premises the sum of
$600.
In the supplemental agreement the railway company does stipulate that it may
revise the amount of such annual compensation after the end of each three
year period.
Recommendations
1. That approval be given for a supplemental agreement between the City and
Atchinson, Topeka and Santa Fe Railway CompLa specifyin& annual compen-
sation for the use of the premises at $600, subject to a revision of the
annual compensation after the end of each three year period. Payment of
the annual compensation to be made from Account Number 011-60602-3701.
2. That the City Manager be authorized to execute the supplemental agreement.
RNL:jb
SUBMITTED BY: DISPOSITIO Y COUNCIL: PROCESSED BY
APPROVED ❑ OTHER (DESCRIBE) 14
CITY SECRETARY
DATE
CITY MANAGER 6/CYIZ_5�