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HomeMy WebLinkAboutORD 86-34 - Granting License Railroad[1T:7�1 f � ►�i UI:i i I! C 1 1 ' x i i i ' 1 . i I III Jill 1111 f 1111! 1`11 FIMIFIREMOIL 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