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Home My WebLink AboutR-705-7-86RESOLUTION NO. 705-7-86(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND SOUTHERN PACIFIC RAILROAD COMPANY REGARDING THE CONSTRUCTION OF A WATER LINE CROSSING RAILROAD COMPANY RIGHT-OF-WAY WITHIN THE CITY OF ALLEN. WHEREAS, the City of Allen is desirous of constructing a 24" water line crossing railroad right-of-way immediately south of Stacy Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: Section I. The City Manager is hereby authorized to act in behalf of the City of Allen in all matters regarding the execution and implementation of the attached agreement regarding the use of railroad right-of-way for the construction of a water line. Section II. A copy of this Resolution shall be attached to and accompany the agreement. DULY PASSED .AND APPROVED BY THE CITY COUNCIL, OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 3rd DAY OF July , 1986. APPROVED: ATTEST: Marty Hendrix, TY SECRETARY Argwtnv l a% to form b%. '.cna21 Counwi %lartn 5. IYNJ THIS AGREEMENT, made this CS -34M $HTtol3 aEv. 1.85 RELMIS THD -290.43-X day of .19 by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY a corporation (Licensor), and CITY OF ALLEN, a municipal corporation of the STATE OF TEXAS (Licensee). address: One Butler Circle Allen, Texas 75002 WITNESSETH: 1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate. subject to the terms oT this agreement, a twenty-four (24) inch waterline encased within a forty-two (42) inch casing, (herein called "structure"). at or near Allen County of Collin and State of Texas in the location shown on the attached print. AED-86-0196, dated 4125%86 This grant is subject and subordinate to the prior and continuing right of Licensor. its successors and assigns. to use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct. reconstruct, maintain and operate existing and additional transportation, communication. pipeline and power facilities upon. over and beneath its premises. 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly maintained by Licensee at Licensor's property lines or such locations as Licensor shall designate and shall be relocated or removed by Licensee upon request of Licensor. The absence of markers docs not constitute a warranty by Licensor that there are no sub- surface installations. Seventy-five ($275.00) 3. Costs: Licensee shall pay Licensor Two Hundred XmmvAR9e Dollars (5225.00) partially to defray the cost of handling. Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor'% premises. Licensee shall reimburse Licensor for all cost and expense to Licensor in furnishing any materials or performing any labor in connection with such work, including, but not limited to. installation of falsework and other protection beneath or along Licensor's tracks, and furnishing such watchmen, flagmen and inspectors as Licensor deems necessary. 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in accordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that such plans conform with federal. state and/or local codes and regulations applicable thereto. All work upon or in connection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In 'tic construction. reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe con- dition, failing which Licensor may do so at Licensee's expense. If required by Licensor in its use of Licensor's premises. Licensee shall reconstruct, relocate or alter said structure. Except in emergencies. Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work on said structure. Licensee shall cooperate with Licensor in making any tests it requires of any installation or condition which in its judgntcnt may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests. or any corrections thereafter. %hall be borne by Licensee. CS -34W SHT 2 of J REV. t-85 .No change shall be made by Licensee in the commodity being conveyed through said structure without Licensor's prior writ- ten approval. 5. Indemnification: Licensee agrees to release, defend and indemnify Licensor from and against all liability, cost and expense (including, but not limited to, attorney fees and costs and judgments) for loss of or damage to any property and for in- juries to or death of any persons (including the property and employees of the parties hereto) caused wholly or partially by (a) the construction, presence, maintenance, use or removal of said structure or (b) the unauthorized use of any patented devices on said structure or (c) breach of any provision of this contract by Licensee. whether or not contributed to by the maintenance or operation of Licensor's line of railroad or any act or omission, actively or passively negligent or otherwise, of an employee of Licensor. Licensee expressly assumes all risk of damage to said structure or appurtenances from any rause whatsoever. The term "Licensor" as used in this section shall include the successors. assigns and affiliated companies of Licensor. and any other railroad company operating upon Licensor's tracks. 6. Condemnation: In the event all or any portion of Licensor's premises shall be condemned or taken for public use, Licensee shall receive compensation only for the taking and damaging of said structure. Any compensation or damages for taking said premises or Licensee's interest therein, shall be assigned to Licensor. 7. Termination: This agreement shall terminate: (a) upon abandonment of said structure or discontinuance of the use thereof; or (b) upon failure of Licensee to correct any default hereunder promptly after receipt of notice from Licensor; or (c) upon thirty (30) days' written notice by Licensor to Licensee; or (d) upon thirty (30) days' written notice by Licensee to licensor. Upon termination of this agreement. Licensee shall remove said structure and restore the premises to Licensor's satisfac- tion, failing which Licensor may arrange to do so at Licensee's expense. 8. Environmental Protection: Licensee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and waste and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder as a result of Licensee's use, presence, operations or exercise of the rights granted hereunder, Licensee shall, at its ex- pense, be obligated to clean all property affected thereby, whether owned or controlled by Licensor or any third persons to'the satisfaction of Licensor (insofar as the property owned or controlled by Licensor is concerned) and any governmental body hav- ing jurisdiction in the matter. Licensor may, at its option, clean Licensor's premises; if Licensor elects to do so, Licensee shall.pay Licensor the cost of such cleanup promptly upon the reciept of a bill therefor. licensee agrees to investigate; relea9c, indemnify Cs•3.ao SMT 3 of ] REv t •as and defend Licensor from and against all liability. cost and expense (including. without limitation. any fines. penalties. judgments. litigation costs and attorney fees) incurred by Licensor as a result of Licensee's breach of this section. or as a result of any such discharge. leakage. spillage, emission or pollution. regardless of whether such liability. cost or expense arises dur- ing the time this agreement is in effect or thereafter. unless such liability. cost or expense is proximately caused solely and ex- clusively by the active negligence of Licensor, its officers, agents or employees. 9. Contractors: No work on Licensor's premises shall be commenced by any contractor for Licensee until such contractor has entered into Licensor's standard Contractor's Right of Entry covering such work. 10. Non -assignability: This agreement is not assignable. in whole or in part. by Licensee without Licensor's prior written consent. 11. Liens: Licensee shall pay in full all persons who perform labor on said premises for Licensee. and will not suffer any mechanics' or materialmen's liens to be enforced against Licensor's premises for work done or materials furnished at Licensee's instance or request. If any such liens are filed thereon. Licensee agrees to remove the same at Licensee's own cost and expense and to pay any judgment which may be entered thereon or thereunder. Should the Licensee fail. neglect or refuse so to do. Licensor shall have the right to pay any amount required to release any such lien or liens, or to defend any action brought thereon. and to pay any judgment entered therein. and the Licensee shall be liable to the Licensor for all costs. damages. and reasonable attorney fees, and any amounts expended in defending any proceedings or in the payment of any said liens or any judgment obtained therefor. 12. Structure Specifications: Said structure shall be installed in accordance with the minimum standards required by law, which in no event shall ever be less than the standards specified in Form C.S. 1741, also attached and made a part hereof. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. LICENSOR \ Milo PIPE UNE CARRYING O n AMdABLE SUBSTANCES PER, C.3. 1742 C-:3 NON-nAMatABLE SUBSTANCES PER C.S 1741 ..O APPLICANT .. . City of..Allen .. Texas .»........ .......... » ....................N...... ADDRESS .......ne Butler,. Circle.....___._.... _ ...............�. CITY ..... ..... .... ... Allen............. ....... ....... ..3TATE .. Texas.......ZIP ..75002 PHONE (214..) .A2A-. 7A1&........CONTACT PERSON (......... ) ........................ FACILITY ........ 24., Inch. Water Line..........._ ................................»......... PURPOSE.............................................................................................. 1. MATERIALS AND INSTALLATION PER S.P. DRAWING NO. CE. .........C.S........»»«� 2. ANGLE OF CROSSING WITH TRACKS 3. UNDERGROUND SIONAL A COMMUNICATION LINE INVOLVED. YES .-..--.NO __1L__« 4. PRESSURE NI PIPE .....»»»....P.S.1. 5. DISTANCE FROM BOTTOM OF TIE TO TOP OF CASING I� SHALL BE MINIMUM ONE PIPE DIAMETER OR 3 FT WHICHEVER IS GREATER 1 .___.I_ :Bets . .................... C. IF LESS THAN ONE PDE 01AUETER. BUT NOT LESS THAN 3 FT. SPECIAL PERMISSION OF CHIEF ENGINEER IS REQUIRED 1 REASONS FOR WAIVER 1.....„ .............................. *IF ENOR.STATION ON MNJC MST UNKNOWN. OIYE TIE DISTANCE ALONG TRACK FROM RAN,NOAO STRUCTURE OR CENTERLINE OF PUBLIC STREET CROSSING. SUSORAW CARRIER PN'E *ENOLSTATION _1ff 3_T t T TO MC�nna Q or TRACK –NIB — – – – R/W L --A PLAN OF CROSSING NN NCAU BOTTOM or DITCH 011 CENTER LINE % EXKTINO OROUNO LINE OF TRACK / r. 0110UN0 W1IFACE SEAL SECTION A -A PIPELINE CARRYING NON-FLAMMABLE SUBSTANCES SEE C.S.1741 NO KCAIJ[ SUGGRAIX CASINO MIN. 25• 21-V IMINI) IF No RALROAO USE ONLY RAILROAD CORP.,_'56M....... STATION NAMEl' d!/y....... ROUTE No.:�:_..... ZXl� VALSEG .„..... RELMIS M0. 110, OF TRACKS CROSSED . SPPL IN110LYED. TEs .---NO „ JOINT FACILITY LINE YES.. -..NO .4.9f RAILROAD INSPECTION I REQUIRED ...._..«....._....... .�..._ ESTIMATED COST .........«.....„.. .. ...................R„........... AMl10V[0 - ASSTAENION ENON. DATE DRAWING N0'.r„L:!J_TCL,2:iLT.�. SHEET NO.SL�„ ..._........ DATE ....�..._.. CHECKED BY ---- - --- _-------- ----- ..-___.. CENTER LINE OF TRACK DITCH SCREEN O~ I N 2'-O- !MINI! IF NO CASINO -Y--.. SEAL CARRIER PVC BEC710H A -A PIPELINE CARRYING FLAMMABLE SUBSTANCES SEE CS.1742 N OC” CROSS SECTION SEE C.S.1741 I i CASING 11 CARRIER SOUTHERN PACIFIC TRANSPORTATION CO. ST. LOUIS SOUTHWESTERN RY. CO. DATA REQUIRED FOR PROPOSED PIPELINE CROSSING OF ILR.RIGHT OF WAY 7. IF PIPE OR CASINO DIAMETER 1S GREATER THAN S FT APPLICANT SHALL SUMfT ENGINEERING PLANS. SPECIFICATIONS. AND SOLS REPORT. 0. IF PIPE CARRIES FLAMMABLE SUBSTANCES AND HAS CASINO NUMBER ANO LOCATION OF VENTS _..„..........._......„........„„.......................... .. !. PIPE MATERIAL: CASING QQjarj;.Pru...LWW&.1301) IOANSIOE DIAMETER: CASINO- ---------------- 11. WALL THICKNESS: CASINO......... »_......»»....„.»GAGE OR ..«J4.37...«...„.......INCHES CARRIER ..„........_ ............._GAGE OR «.„Z... ........... __...... INCHES G 12. LENGTH OF CASING FROM CENTERLINE OF TRACK CSI LEFT SIDE 1GHT SIDE SCREEN 13. IF PIPE IS REINFORCEO CONCRETE AS.T.M. CLASS DESIGNATION ......„.......«.»......„.. 14. IF PIPE IS CAST OTON AWWA CLASS ............ .„ .............»..............� IS. TRACKS METHOD OF INSTALLATION UNDER Ni. Qty BORING • «..7Q.. F:ee...JACKINO • .»«-.„ „..OPEN CUT ......„.......„.....«.... �. • SEE GENERAL NOTE NO. 3 ON C.S.1741 OR CS.1742 17. MFIERE S.P. PIPELINES ARE INVOLVED UTILITY CROSSING SHALL NOT BE LESS THAN 2'-0- BELOW S. P. PIPELINES. DISTANCE FROM TRACK AND DEPTH OF COVER TO BE SHOWN ON PLAN AND SECTION. It. PROJECT MARKERS SHALL BE INSTALLED AND MAINTAINED BY APPLICANT. RECOMMEND APLASTIC BURIED UTRITY TAPE INDICATING TYPE OF UTILITY BE INSTALLED NOT LESS THAN 12” ABOVE THE UNDERGROUND INSTALLATION. IS. CARRIER PIPE FOR FLAMMABLE SUBSTANCES SHALL NOT BE MADE OF•PLASTIC UNLESS COMPLETELY ENCASED ACROSS ENTIRE RAILROAD R. OF W. 20. FOR PIPELINE HANDLING 14AZAR000S PRODUCTS THE MINIMUM COVER ON RAILROAD RIGHTOF WAY IS ...................... ....._....»....»....»..»...».. ».»..„.........„....„..„.... NOTE : REFERENCE TO ASSIONEO BLANKET AGREEMENT NO.......„..........„.:....„»... *ENOLSTATION _1ff 3_T t T TO MC�nna Q or TRACK –NIB — – – – R/W L --A PLAN OF CROSSING NN NCAU BOTTOM or DITCH 011 CENTER LINE % EXKTINO OROUNO LINE OF TRACK / r. 0110UN0 W1IFACE SEAL SECTION A -A PIPELINE CARRYING NON-FLAMMABLE SUBSTANCES SEE C.S.1741 NO KCAIJ[ SUGGRAIX CASINO MIN. 25• 21-V IMINI) IF No RALROAO USE ONLY RAILROAD CORP.,_'56M....... STATION NAMEl' d!/y....... ROUTE No.:�:_..... ZXl� VALSEG .„..... RELMIS M0. 110, OF TRACKS CROSSED . SPPL IN110LYED. TEs .---NO „ JOINT FACILITY LINE YES.. -..NO .4.9f RAILROAD INSPECTION I REQUIRED ...._..«....._....... .�..._ ESTIMATED COST .........«.....„.. .. ...................R„........... AMl10V[0 - ASSTAENION ENON. DATE DRAWING N0'.r„L:!J_TCL,2:iLT.�. SHEET NO.SL�„ ..._........ DATE ....�..._.. CHECKED BY ---- - --- _-------- ----- ..-___.. CENTER LINE OF TRACK DITCH SCREEN O~ I N 2'-O- !MINI! IF NO CASINO -Y--.. SEAL CARRIER PVC BEC710H A -A PIPELINE CARRYING FLAMMABLE SUBSTANCES SEE CS.1742 N OC” CROSS SECTION SEE C.S.1741 I i CASING 11 CARRIER SOUTHERN PACIFIC TRANSPORTATION CO. ST. LOUIS SOUTHWESTERN RY. CO. DATA REQUIRED FOR PROPOSED PIPELINE CROSSING OF ILR.RIGHT OF WAY N.I. for pipe /roes n7r'ryin9 f/o.?7177oyre substances scc : S ; T42 -Cdrrier P.pe LS_--- TS-0'�_ /.SO N Subyrade ___12'_O_ PIPE IN EMBANKMENT Main Trac, on Siding , 5u:e DI/eh p! D/tci! Or L rlstrny around Line M/n If no casing Sul -Cv.51179 Piper Sear I/See Cosing Nae NOV Pipe Lrne I Carrier Pipe But no, less rhon a =o —'' (See Genera/ Rule 2) P/PE IN CUT RULES CMRfWNG THE K1r4ZLQT/ON OF RPF L/HES TRWNSA/ITT/N6 WATER OR OTHER NON-fL AMMABLE SUBSTANCES WHEN CROSSING IINC£R TRACIfS - GEAfRA[ I 91SIcnce H h'yn balo'n a/ tie to for Of pipe, casing Or concrete encasement shall not be less ,hon 3 -O " I See exception in Ganem/ Nae 3 1 2 Any pipe lines Crossing any ,rock do not require a cosm P ortord the corner ppe is of sulfcten strength Io support the ,rock and has woferri;w lows For such pipe lines, casing lighter than sperifted in table I for supporting hock may be used for installing pipe, provided the spare between corner ppe and costng /s bocklilled .ren grout or sond If carrier Ppe 'does not hour suffclerr strength ,o suAoort hock, casing or concrete encasement mus, be installed Length of costng measured at rtgty angles to track shot/ extend etch side of center tine of trorx live lee, plus *he vertical d/sronce tram barcm of he la lcp of dosing or exosemvor ON tar &Z thorn len feet, except that where casing is Mslo1w through railroad embonkinel i, sholl extend beyond slope of embankment 3 When prortcvb/e, casings and cvmer Apes may be n a/W by the /ockmg or boring mefhols D these methods ore used the m/nimorn depth from bonbm of tie to top of pipe or bore mus, be X- 0- on one Ppe diomefet whiche+ter is greater; hoverer, where there Is good cohesive sat: the arp1h miry be less /hon one pipe diameter, but not Arss than 3=0 with special permission of the Chief Engineer If installed by lurne,tng or baring, Mr space around casing or carrier pipe must be bockfilled velli grout or sand 4 No pipe Imes shall be told through or ender bridges or culverts. where there is likelihood of restricting the area requAred for the purpose for which the bridges or culverts were buio. or endangering /oundalioos of important strucleres 5. If additional trorks ore constructed is 1Ae /rtere, the protection sholtbe carresponding/y extended. 6 Inver led siphons far drainage ar nrigo/an dircles fC. S. 17051 rsing steel ppe with welded or screwed !pints or clorrrgoted troo pipe with 9t/ seams end jowls dose rire/ed avid solder: d boring o diameter of 40 aches or less oad the required strroglh to support tract. way be iwstolled withort o costog. CASING I Coswg wry Ae of either cprruvo/ad lar smooth stet/ Or coaierete /I she// here srffrcitel clrenvtp to srpporl froct,escepl too/ o /--ghter cosag may be used for Installation purposes as provided is General Ruh 2 above Nesrabte ltnocked downl fype p/oto ga/rontxee eorrugalee pipe of vote eorresoondnng to regatremeals of Tobte ! may be used lb protect carrier pipes that are o/reedy is place Z Metal cos,ng for supporting hock shall confarm to thicknesses shown In Tobk 1 and shall bore joints of either sorew, tvr/ded or etre/ed type II SAO" be galvanized or shat/ be dipped in preservative material and lhorough/y cooled Inside and ou.71de If preservative mafertp/ cmnpl be used on Inside of casing, the, the costng shot/ be at leas/ one gage Or N thicker lhcn Otherwise regared 3. Concrete casing for supporting frock SAO// hove the strength specified in current ATSM Serial Designation C-76, Class IV All joins shall be water - ltght and of on approved type of construction 4 The inside diameter of casing shall be of /east 2 •inches greater than the forgest ouls,de diameter of carrier pipe S Sues of costly larger loon shown In Table I are special cases and will be decided upon their mems 6 Cos:nq shall be so Installed as to prrvent formation of waerwoy under the railway It SAO// bore even beonng throughout Its length and shall slope kward one end 7 Regardless of the strength of carrier pipe, cosrngs must be pronded, of o// locabo ns where pipe crosses under drainage ditches If cover is less than 3'-O' Costng ower die:h may be separate from, or a conitnuotion of cosing under frock, and must extend o minimum of /'-0, beyond top shoulders on each side of the ditch B. When placed to open cut, pipe hoes having diameter of 36" or less, when crossing Docks other than morn hocks end sidings, may be encased In concrete as shown In Table 11 9 Where the ends of the casing ore bekw ground, they shell be sealed to smlobty prolec' against the entrance of foreign materia/ which might prevent ready removal of /he carrier pipe Where the ends of the costng ore of or above ground surface Old Obert high water level, they may be /e// open, provided drainage it of/oralyd All Such o manner Ipa/ Arokoge wi// At conducted ~y from the roadbed and structures CARR/ER P/PIr I Carrier pipe shot/ be of rn opprored type With rater -Itfhl lately. ? Corfuivaled Ifon, smooth steel or comcre/t corr/rt, pipe wfe- used without o casing shall have the soar strength rea,free above for casings 3 Cost Iron terrier pipe used Wi0out o royal shot/ Aove a thickness aol less than Ihot specified forCk ss /50 Cost /ion Pipe TABLE I 7'H/C1rNESS OF PIPE CAS/NCS FOR SUPPORTING TRACK Jnstde LL"ameter ccrriv ,Vdled Iron Roe Smooth .Steel Por Inches 1/5 Srd. Gaye No. 41117ZAICtMW Jnches 4 to l0 i4 'r8 /2 I /4 B 15,18 14 8 ?l, ?4 7 Y2 30,36 /O 12 48,54,60 B 12 TABLE d CONCRETE ENCASEMENT FOR PIPES d Inches A Inchel Number of LaVitudinal /!2'e Bal -S 10.12 4 4 /S 4 iB S B 21,21,27 6 8 30 7 Y2 33 B 12 36 9 12 A rye-�S✓irruPs A —'1 f 2=0-c the c. f SOUTH ERN PACIFIC LINES COMMON STANDARD PIPE LINES FOR NON-FLAMMABLE SUBSTANCES CROSSING UNDER TRACK NO SCALE ADOPTED APR 20.463 REVISED JAN 5, 1970 ,r._