HomeMy WebLinkAboutORD 86-34 - Granting License Railroad[1T:7�1 f � ►�i UI:i i I!
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BE IT ORDAINED bof .,i
Privilege and License for Construction
SM
That the right,
location"City'19
privilege
and license be, and same is hereby granted
to
the Missouri�Kansas-Texas
Railroad Company, hereinafter referred
to as t"
and
"Railroad",
by
or assigns, subjecto the terms
and conditions
hereinafter set forth,
to
construct, install, build, equip, own,
maintain and
as practicable
operate on, along,
with the
under,over r across the streets, alleys,avenues,
travel
on the
bridges,, a#
public
grounds, more particularly e »
Section
a
hereof,, owned by
conduits
of `• •Texas,s to
as
such wire, cables,
bead•
placed
conduits and other appliances, structures
and
Railroad
fixtures necessary or
convenient for operating a fiber-optic
communication
and maintenance
systeme
communication system
in
the City, and the location
Section 2. Location of Cable.Route,; Supervision by City of Location of CondLill
That the installation,
maintenance,
and
operation
of all cables
and
conduits to be placed
by
Railroad shall be
in such
a manner
as to interfere
as
little
as practicable
with the
ordinary
travel
on the
street or sidewalk.
The
and route of
a
conduits
a # cables
bead•
placed
a •: constructed
!
Railroad
in the
construction
and maintenance
of its
communication system
in
the City, and the location
of all
conduits
to be laid
by
the Railroad
within
the
limits of the City under
this
ordinance,
shall
be subject
to the reasonable
and
properthe
• .. t, control
direction
of
# or
official,i whom such
duties
havebeen
or a
be delegated.
The conduitand
cable shall be installed
by the
Railroad under the
following described property*
Along and within a six foot wide corridor, being three feet on either
side of a line beginning at a point 1,315 feet# of
of - -center-line of
Railroad Company's main track, thence south parallel to and 25 feet
west of said main line track centerline a distance of 10 feet,, thence
through a 1.5' bend to the east a distance of 212 feet to a point 20
feet west of said track centerline, thence through a 1.5' bend to be
parallel and 20 feet west of said track centerline for a distance of
681 feet, _ through a 1' bend to the west, a distance is 14 feet
to a point 25 feet west of said track centerline, thence through a
r to be parallel r and 25 feet west of said track r
a distance of 390 feet, thence through a 1.5' bend to the east a
distance of 375 feet to a point 16 feet west of said track centerline,
thence through a 1.50 bend to be parallel to and 16 feet west of said
track centerline for distance of 66 feet, thencethrough Y
bend to the East, i distance
of 315 _.. to point t West
of a
said Railroad Company'sformer Austin Subdivision
centerline,centerline, thence south parallel to and 24 feet West of said
centerline, a distance of 75 feet, thence through a 20 bend to the
south, a distance of 435 feet to a point 44 feet west of said
parallel i r 10 feetof
distance of 939 feet, thence through a 1.50 bend to the west, a
distance i r z point 51 feet
of _ of
said Maple Street, thence through a 1.50 bend to the south, a distance
of 412 feet, thence through a 10' bend to the west, a distance of 9
feet to a point 55 feet west of the centerline of the said Maple
Street, thence through a 250 bend to the south, a distance of 191
feet,, thence within the right of way of the Railroad.
That nothing
in
this
within
Ordinance
is
intended
to
add to
or detract from any
authority
granted
t.
the
Legislature
time
of
the State
of
Texas
to the City,
That the surface
of any street, alley,
highway or public place
within
the
City disturbed
by Railroad in building, •renewing
y y i
or
maintaining
its
fibeommunication-shall be
'- r within
a
reasonable
time
after the completion of the work to as good a
condition
as
before
commencement of _. work and maintained » satisfaction
on i
City Council,
or
of any City official to whom such duties have been
or may
be
delegated,
for
onefrom the date » surface of said street,
alley, !a
,
or public place
is broken for such construction or maintenance work,
after which
time responsibility
for the maintenance shall become the duty of
the City.
N#
such street,
alley,
highway, or public place
shall
be encumbered
for a longer
period than
shall
be necessary to execute the work.
Section 4. Indemnity Agreement and Annual Cash Consideration to be Paid by
lailroad.
Y: Railroad
rri.! _ f agrees assume
w risk of Y liability, •♦^.
systemloss, cost and expense associated with this agreement and/or the fiber-optic
that by subjectof this agreement.Railroad further agreesto
by the Railroad, r; agents, or employeesaccount any
suit or action made or brought against either the City of Georgetown, its
officers, attorneys, agents or employees, or Railroad, its officers, agents, or
employees, o any assignee • Railroad,
♦ •t i officers,agents, oremployees, for
the death of or injury to persons, or destruction of property or injury to
property, or any combination of the foregoing damages sustained in connection
with the performance of the construction, placement, completion, maintenance,
and operation of the fiber�optic communication system that is the subject of
this agreement arising from any cause whatsoever for and during the term of this
license, and including all renewals or extensions hereof, if any.
e Railroad •# aa. to compensate the City forits superintendence
agreement, and as part of the consideration for
« same, the Railroad agrees
to
pay to the City annually during the term of this agreement (both during thd
primary term, and the renewal periods provided herein,, if any) the sum of TWO
HUNDRED FIFTY ($250.00) DOLLARS plus 5% annual increase each year during thQ
primary term of this agreement, and each year of the renewal periods, if any.
` first payment hereundera:be made within 20 days of Railroad's
acceptance hereof, and thereafter payment shall be made annually on July 1,
beginning July 1, 1986, and proceeding regularly and annually thereafter until
the expiration of the license herein granted, as well as the renewal periods
thereof9 if
a
\a �: as �! i.. �. .
'a t' • a \. to
obligate the City to use more than the cash consideration set forth in Section
4(b) to apply to the Railroad's obligations.
Section 6. No Exclusive Privileges Conferred by this Ordinance
nothingThat
. e
be construedgranting
a. two
Railroad any
exclusive right
or privilege
to construct, maintain
or operate the
fiber-optic
communication
system; and provided that no renewal
or extension of
such grant,
any, shall be
a. That the rights, powers, limitations, duties and restrictions herein
provided for shall inure to and be binding upon the parties hereto and upon
their respective successors and assigns.
bo The City herebyapproves of a assignment of • privileges
Electraand license granted hereunder from Railroad to its subsidiary,
assignmentCommunications Corporation, a Texas Corporation,; provided, however, that the
Railroad shall not be relieved of any of its obligations as set forth herein by
the of its rights,privileges and license as provided
yearsSection 8. Periods and Conditions of License
a. That this agreement shall be in full force and effect for a twenty
(20) year period beginning with the effective date hereof and ending twenty (20)
date,b to the terms and conditions of
this agreement,
This initial twenty (20) year term shall be referred to as the primary term.
bo To the extent allowed by the laws of the State of Texas, and the
Charter of the City of Georgetown, Texas, this agreement shall be automatically
renewed for a twenty (20) period beginning with the end of the twenty (20) year
primary term as set forth above, and shall be in full force and effect for a
period of twenty (20) years thereafter, ending forty (40) years after the
effective date hereof, provided that the terms and conditions of this agreement
are
fully • .This subsequent twenty # year . shall be known
renewalthe first
ce To the extent allowed by the laws of the State of Texas, and the
Charter of the City of Georgetown, Texas, this agreement shall be automatically
renewed 0) year period beginning with the end of the twenty (20)
secondyear first renewal term as set forth above, and shall be in full force and
effect for a period of ten (10) years thereafter, ending fifty (50) years after
the effective date hereof, provided that the terms and conditions of this
agreement are fully satisfied. This ten (10) year term shall] be known as the
renewal term.
do The rights, privileges and license herein granted are expressly
conditioned upon the performance and compliance by Railroad, as well as any
assignee thereof, of the terms and obligations of this agreement.
Section 9. PublicaticM
iM
This ordinance
beread
a. two
meetings,
shall
.4 Y+�
.w i a •
Texas,, and the expense of such publication shall be borne by the
if any section, sentence, clause, or phrase of this Ordinance is for
held to be illegal, ultra vires or unconstitutional, such invalidity
affect the validity of the remaining portions of this Ordinance® All
and parts of ordinances in conflict herewith are hereby repealed®
a. That the Railroad shall have thirty (30) days from and after the
passage and approval of this Ordinance to file its written acceptance thereof
with ., City Secretary.
ba And upon such acceptance being filed, this Ordinance shall take effect
and be in force thirty (30) days after the final passage of this ordinance (the
"effective • o ordinance a # agreement),a shall effectuate
. „ a and make
binding the agreement provided by the terms hereof.
a. The captions used in connection with the paragraphs and sections of
this Agreement are for convenience only and shall not be deemed to construe or
limit the meaning of the language contained in this ordinance and agreement or
used
interpreting
pe g t .: ^ meanings ♦ provisions hereof.
b* The legal canon of contractual interpretation directing resolution of
ambiguities or an ! .age of doubtful m''a g. in a: writing against a, part
thereto who acted as the sole or principal draftsman of the writing shall be
inapplicable and neither this ordinance nor agreement shall be construed against
any party hereto as to such ambiguities or Y g
PASSED AND APPROVED on first reading this 22nd day of October, 1985®
PASSED AND APPROVED on second reading this j day of August, 1986®
K
a
ATTEST:
ACCEPTANCE
WHEREAS, the City Council of the City of Georgetown, Texas, did on the 26th
day of August, 1986, enact an Ordinance entitledm
"An
Ordinance
compliance
granting the
right, privilege and
franchise to the
Missouri
the Missouri
-Kansas -Texas Railroad
-Kansas -Texas Railroad
said Ordinance
Company, Grantee, and
its successors and
assigns,
the City Secretary of
the
to construct, install,
build, equip, own, maintain and operate
in,
on,
Texas, in
along, under, over and across the streets`,
avenues, alleys,
bridges,
viaducts and public
grounds of the City of
Georgetown, Texas,
such
wires,
cables, conduits and other appliances, structures and
fixtures
necessary or convenient for operation
of a fiber-optic
communication
system; providing
for consideration;
for a period of
grant;
for assignment; for
method of acceptance; for repeal of
conflicting
ordinances and for
partial invalidity."
HE,
WHEREAS, said Ordinances was on the 26th day of August, 1986, duly approved
by the Mayor of said City and the seal of said City was thereto affixed and
attested by the City Secretary;
NOW,
THEREFORE, in
compliance
with the terms of said
Ordinance as enacted,
approved
and attested,
the Missouri
-Kansas -Texas Railroad
Company hereby accepts
said Ordinance
and files
this its
written acceptance with
the City Secretary of
the
City
of Georgetown,
Texas, in
his
office,
DATED this 5th day of • - b- A.D. 19860
Acceptance
filed
in
the office
this . c
day
ofk
Page 6 of 6 Pages
ISE
of the City
n 7 nac
Secretary of Georgetown,
REAL. ESI % U L !N[.) INN :411PJ %i nl-.%iopmi N r i}E.Y:;kimt ,%4 "
PR0Pt-RiS 4;>*:NAt,ifMI N'C [:S%t`i1ON
K A I Y )31.II-DI1.t;
DAL LASS I XAS 75202
RAYS REYNOLDS
Vice-Pre"tJvrtt -- Property 4anagement
October
M-V'-T/Electra
18,
1985
of Rlght of Way alnt.P.nanCE
E air
.
:11-107.10
commence discussions
continuing
clear and clean
ment*ngs on
basis, grade
right
these subjects
relative
of
to the general
crossing maintenance,
way ditches and culverts.
can be held wit the
.;ou exchanfjes
way maintenance on a
remedial 'work to
first of the regular
days.
Mayor Carl Doering and
Ci _ y Council of Georg0 owrr
Georgetowrl, Texas 78626
RE:
M-V'-T/Electra
Coordination
Communications
of Rlght of Way alnt.P.nanCE
yt�tPITI
.
We will. commit to
commence discussions
continuing
clear and clean
ment*ngs on
basis, grade
right
these subjects
relative
of
to the general
crossing maintenance,
way ditches and culverts.
can be held wit the
.;ou exchanfjes
way maintenance on a
remedial 'work to
first of the regular
days.
Det)r Mayor Doering and City Courfcil Members:
121.3) 651 6759
Thfa purpose of this letter is to addre-iq aril confirm the various poin+- s and
i 3 11 e,i If- he (2 1 t Y f3taff grid Counci 1 Mf'mbore3 have ralsvd :f) Conner; t `on with our
Construction of New D£ainace Culverts. We are agreeabLe to par*iczfat.ir,c1 its
the cost of Lhese drainage Culverts in the amount of `20,000.00.
Continuina,
Coordination
of Rlght of Way alnt.P.nanCE
.
We will. commit to
commence discussions
continuing
clear and clean
ment*ngs on
basis, grade
right
these subjects
relative
of
to the general
crossing maintenance,
way ditches and culverts.
can be held wit the
.;ou exchanfjes
way maintenance on a
remedial 'work to
first of the regular
days.
of
corr
?Spot}ty
withi
h rl.
Nlly`f
dated i( tCbE
£ 1J,P;-
1985
and Mr.
Harold
Brandt's
response of
October
14, "1985. In
exchange
for the
City's
agreement
110
permit
Electra's contractor
to
begin work
on City richt
of
way
on Monday,
October
21,
1985, the
.issouri--Kansas-Texas
Railroad
kComp<any
herf=by
agrees
to
the following:
Construction of New D£ainace Culverts. We are agreeabLe to par*iczfat.ir,c1 its
the cost of Lhese drainage Culverts in the amount of `20,000.00.
Continuina,
Coordination
of Rlght of Way alnt.P.nanCE
.
We will. commit to
commence discussions
continuing
clear and clean
ment*ngs on
basis, grade
right
these subjects
relative
of
to the general
crossing maintenance,
way ditches and culverts.
can be held wit the
right of
and immediate
The
next 90
way maintenance on a
remedial 'work to
first of the regular
days.
Cemetery Access Road Easement. The Missouri -Kansas -Texas Railroad Cogflpany is
agreeable to granting an easement for roadway purposes across the shad
areas
of Parcel No. 2 and Parcel No. 4 referred to in Mr. N.O. Brandt's letter of
October 14, 1985 (Prints were attached) as the City may reou.ire. for a new
access road to the City's cemetery. It is our understanding that the City
will perform the survey work and provide M -K -T with a legal description at the
City's cost and expense. In exchange, the City's staff will recommend to the
Mayor and Council that 8th Street between Maple and Holly will be closed and
permanently vacated with unencumbered fee to the vacated right of way passing
to the adjacent property owner (M -K -T) at no cost to M -K -T.
Drainage Imorovement West of Pine Street. M -K -T will grant a right of entry
permit to the city to enable the City forces or contractor to enter upon M -K -T
property in Block 2, Coffee's Addition, to remove old fences, art abandoned
barn and to grade a new drainage swale adjacent and parallel to the M -K -T's 60
foot wide right of way. Upon receipt of legal description to be provided by
the City's engineer, M -K -T will grant a permanent drainage easement to the
City for the purposes of continued maintenance of this new drainage course.
X
M;:,
(?if>rrffe, ty
i_Uufrf.xe
)t', c �gttiawr#
f}Vf.ar
f=fitwide
rignt
eXforldifwl
1) f-
crf
way
1,55f)
The easement
present
south
Paii
terminus
3 100
foot wide
wi Sth
fl, f obo
95
r 18, 1995
on
the
and
Our
P:34�e �
Acre
Trac' (_oc atr?d �/�
f31F ck 19,
The M -K
--f Railroad
will.
grant to the
City
.60
01 limp 11
a ;p year
ieaafl rq['fzf ne?nt
sf�r 1.=
;grid ether
cloud
and
vaIu;ible
cons zdnratioii�
in exchange
for the City
oto (AeoClet,own =1Cantinq
a 50
vear
''ranchi'3p to
fhe
t�1'i.`3c}Jrl-1b1S<3'3—if?5fai
Coc3f�
'=f3irt�1i�it� .4��;.:"t
riiiL
�f: �1�.�i;�!'tf;�
� €_lf'CtrB
CClmmunlcatiunt3
Corporation
for our
f ibre* optics
table.
Fa�fempfit- for of Mar, 1 r,
M --f will grn.iRrt ��r� .�+iffit:c�r�;i1
t_nfs
oxt_i)f1`:oi
)f1 fit
sir
f}Vf.ar
f=fitwide
rignt
eXforldifwl
1) f-
crf
way
1,55f)
The easement
present
south
Paii
terminus
3 100
foot wide
wi Sth
and t:entere>d
be
on
the
M --f will grn.iRrt ��r� .�+iffit:c�r�;i1
t_nfs
oxt_i)f1`:oi
)f1 fit
g1�YIP _.�tree11
f}Vf.ar
and 'fit;("fa3'J
(If)r If.3(,
eXforldifwl
1) f-
Mao Lo
f1pproxifnateiy
Stree?t.
1,55f)
The easement
fppt `i0k herIX
would be
from the
6,0 feet in
Paii
road'
3 100
foot wide
right of'
way.
be
0t}" aon to P+srf,hasp Add itinfi;31 Rifint. Fjf, 'play, Missouri -Kansas -Texas Railroad
Compal:y WILi1. grant to '_tee= t,ity f,l eorflf�[.own all option for_ a 1 year pcsri=ar3
commencing with i
the datef hereofair l.he c:ore:3ideration of q` }$1.00 to purchase chae tf3e
owilit1 ♦ ��3� a %t{, p 20 feet wif� fh by 1 } /%Li feet llrf both `.-sidf't-) flt LFi#1, Y3tJ e�lie.
referred to 60 foot wide easement f'or Maple Street for a total of 1.4 acres,
;b,' the vntire width of our 100 foot right of way from the f.f>rminus cif' thte
projected extension of* Maple Street referred to above, which is roughly
calculated to be a .strip (if' l and approximately 610 feet by 100 feet or 1.24
eacrf' } and rc at thioint, our right of way widens to 200 feet in Width
and we agr«e to include in the option agreemefit. an add it ion, ft r ip
i.rmtmediately contiguous to the most southerly termiteus (if the right q•)f way
dQs3cribed in item (b) above for an additional distance of, 2,491 feet by 200
feet in width which equates to approximately 11.44 acres. All of the above
acreage is approximately 14.08 acres but 's subject to a f3urvey to be provided
by the City at the City's expense and the option will recite that. the
Misaou£a-Kansas-Texas Railroad Company receive a consideration of $11,000.00
net per surveyed acre. Furthermore, the City will not be obligated to
exerci.sf= the option but the City witl be allowed to exercise it'.3 option on the
whole or any part thereof of the right of way described in items (a), (b) arid
,c> of this section.
In
consideration of all
of the items
above, the
Missouri -Kansas -Texas
Railroad
Company
requires
emergency
action
be taker}
on our ordinance request
for
the
installation,
thatper:mission
maintenance
be
and operation of
granted to commence
our fibre optic cable system
construction immediately.
and
Our
contractor must be able to commence work Monday morning, October 21, 1985.
Mr. Mayor and City Council Members, we urge you to give our request favorable
consideration. It is our opinion that you have negotiated a very favorable
package for your community.
Yours very truly,
. W Q -�
Rale Reynolds
Jtb
cc. Mr. Chris Everest, President, Electra Communications Corporation