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Res 2772 4/21/1981 RESOLUTION NO. RESOLUTION APPROVING CONTRACT FOR PIPE LINE ACROSS AND ALONG RIGHT-OF-WAY OF FORT WORTH AND DENVER RAILWAY COMPANY. WHEREAS, the City of Wichita Falls desires to lay certain water pipe lines across and along Fort Worth and Denver Railway Company' s right-of-way in the vicinity of McNeil and Kell; and, WHEREAS, such railway company has submitted to the City a contract authorizing the laying and maintaining of such pipe lines, a copy of which contract is attached hereto; and, WHEREAS , such contract is acceptable, except for the fact that the City will indemnify the railway company from damages caused by the negligence of the railway company. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such contract is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls, if the contract is changed so that the City does not indemnify the railway company from damages caused by its own negligence. PASSED AND APPROVED this 21st day of April, 1981. M A Y O R ATTEST: City Clerk CONTRACT FOR PIPE LINE ACROSS OWALONG RIGHT OF WAY THIS AGREEMENT, Made and entered into as of August 28 between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the"Railway,"and City of Wichita Falls of State of Texas hereinafter called the "Licensee." WITNESSETH: ARTICLE 1: In consideration of Five Hundred Dollars ($500.00) to be paid by Licensee to Railway immediately upon the execution of this agreement, and an annual rental of$ $24o.00 payable in advance, and upon the terms and conditions hereinafter set forth, Railway hereby grants unto Licensee license to enter upon the premises of Railway at or near Wichita Falls (Ca I l 'Fie 1 d Ind.' Dist.) and construct and thereafter maintain across or along said premises at the sole expense of Licensee, a E i oht&Twenty -8& 20 ) inch pipe line to be used for conveying Water only, the location of said pipe line being shown in red on the Railway's print No. WV=)'504/313 3hereto attached, Marked Exhibit "A" , and made a part hereof. ARTICLE 2: The top of said pipe line shall be placed at a depth of not less than five (5) feet six (6) inches below the base of the rails of the track or tracks of Railway where it passes under the same and not less than three (3) feet below the surface of the ground at any point on Railways property. If the said pipe line shall be of a diameter four inches or larger the portion of same directly under the said track or tracks, and under the roadbed thereof, shall be of cast iron or other material of approved strength. ARTICLE 3: The said pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines,trains, cars or business of Railway over its track or tracks now laid or hereafter laid on said premises,or in any manner interfere with the present or future use of said premises. The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said pipe line except forty-eight hours notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses, at the expense of Licensee,and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do, Licensee shall,at the expense of Licensee, support the said track or tracks,as directed by Railway,while the work of constructing, maintaining or removing said pipe line is being done. * See Notation — Signature page In the event the pipe line shall be used to carry any liquid or other substance under pressure, and shall be located under any track or within forty-five (45) feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in accordance with Railway's Plan No. 105998 D,copy of which shall be attached to, and thereby become a part of,this agreement. In case Railway shall, after said pipe line has been constructed, build upon its premises any additional track or tracks,or structures,or make any changes in existing tracks or structures over said pipe line, the Licensee shall,at once, at its own expense, make such changes in itt said pipe line as may be necessary to make the same conform in its relation to said new tracks or structures,or changes in existing tracks or structures, in all respects to the conditions herein required for said present tracks or structures,or as may be required by the Railway. Page 2 of 6 Pages Agenda Item No. ARTICLE 4: In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe lint which in the opinion of Railway in any way interferes with any train signals,telephone or telegraph lines,or other facilities of Railway,th- Licensee immediately shall discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid al such interference, Licensee further agrees to indemnify and save harmless Railway from and against any damages, claims, losses, suits or expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railway by the operation, use or existence of any such grounding system. ARTICLE 5: The Licensee further covenants and agrees at all times during the existence of said pipe line upon the premises of Railway to keep and maintain the soil over the same thoroughly compacted, and the grade even with the adjacent surface of the ground, and that Licensee will at all times release,, protect; indemnify and save harmless Railway from all claims, demands, judgments, loss, costs and 2xPenses, for injury to or death of any person, or loss or damage to the property of any person or persons whomsoever (including both -mrties hereto and their employes), in any manner arising from or growing out of in whole or in part, the construction, reconstruction, -I)Jintenance, operation, repair, change, existence, use or removal of said pipe line or the subsidence of soil over the same whether caused by :he negligence of the Railway, its servants or employes,or otherwise. ARTICLE 6: If Licensee shall well and faithfully comply with all the terms, convenants, and conditions herein set forth on the part of _icensee to be observed and complied with, the license herein granted by Railway shall continue in force to the full expiration of the period A one (1) year from the date hereof, and thereafter until terminated, upon not less than sixty (60) days written notice by either party -)ereto to the other;but if Licensee shall fail to perform any of the covenants herein contained, Railway shall have the right to terminate this icense forthwith and without notice. Any notice herein provided for shall be sufficiently given and delivered if mailed in an envelope -)roperly stamped and addressed to Licensee. Upon the termination of this license in any of the modes herein provided for, Licensee shall, at is own expense, upon being notified so to do by Railway, remove said pipe line from said premises, and restore the ground to a safe and evel condition, and in case of its failure so to do, the Railway may at its option, either remove the said pipe line from said premises at the .ole expense of Licensee,'or disconnect the same at points where it enters and leaves the said premises. ARTICLE 7: The Licensee shall not trasfer or assign this license without the written consent of Railway. The said license shall be binding ipon the heirs,personal representatives, successors and assigns of the parties hereto. ARTICLE 8: Licensee shall comply with all applicable laws and ordinances and all rules, regulations, and requirements of ,any 3overnmental authority promulgated thereunder controlling environmental standards and conditions on the premises. If, as a result of the _icensee's occupancy of the premises and its operations hereunder, any such law, ordinance, rule, regulation, or requirement is violated, _icensee shall protect, save harmless, defend, and indemnify Railway from and against any penalties, fines, costs, and expenses, including egal fees and court costs incurred by Railway,caused by, resulting from,or connected with such violation or violations. _ �iafQt�—.—__ NOTATION: The Track SupervisorI�r -- -----Bill Barnett----- of ----- Texas All Inspect the pipe line encasement and approve or disapprove the line prior to permitting h e installation of the Carrier Pipe. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first herein written. ATTEST: ,J FORT WORTH A DENVER RAILWAY COMPANY, / Secretary, ATTEST: J sst. to res ent (i—fy 11s Licensee, ,PPROVED AS TO FORM: By Its rd Attorney, ecommen � � /ti�•�iC�c Chief Engineer Page 3 of 6 Pages Agenda Item No. • CONSTRUCTION OF PIPELINES ON RAILWAY RIGHT OF WAY GENERAL REOUIR�MENTS: Pipe lines under railway tracks or across or along railway right of way shall conform to current American Railway Engineering Association Specifications If constructed in the United States and shall conform to current regulations regarding pipe line crossings under railroad as issued and amended by the Board of Transport Commissioners for Canada if constructed in Canada or where laws or orders of public authority Prescribe a higher degree of protection than specified herein,then the higher degree of protection so specified shall be adhered to. Plans and specifications for proposed installation shall be submitted to railway division superintendent and meet the approval of the railway company before construction is begun. Plans shall be drawn to scale showing the relation of the proposed pipe line, angle of crossing,location of valves,railway survey station, right of way line and general layout of tracks and railway facilities. Plan should also show a cross-section(or sections)from field survey, showing pipe in relation to actual profile of ground and tracks, complete description of material to be used, and location of jacking and receiving pits. If open cutting or tunneling is necessary,details of sheeting and method of supporting tracks or driving tunnel should be shown. The execution of the work on the railway right of way,including the supporting of tracks,shall be subject to the inspection and direction of the Regional Manager Engineering of the Railway Company, Pipe lines shall be installed under tracks by boring or jacking if practicable. Boring excavation must not exceed the outside diameter of the pipe.Jacking or boring of corrugated metal pipe,cast iron pipe or pipe with flanges,bells or couplings will not be permitted. Pipe lines shall be located, where practicable,to cross tracks at approximately right angles thereto but preferably at not less than 45 degrees and shall not be placed within a culvert,under railway bridges or closer than 45 feet to any portion of any railway bridge,building or other important structure,except in special cases and then by special design as approved by the Assistant Vice President Engineering of the Railway Company. Pipe lines laid longitudinally on railway right of way shall be located as far as practicable from any tracks or other important structures. Pipe lines carrying flammable products or products under pressure located within 25 feet of the centerline of any track or where there is danger of damage from leakage to any bridge, building or other important structure,shall be encased or of special design as approved by the Assistant Vice President-Engineering of the Railway Company. Pipe lines laid longitudinally on the railway right of way, 50 feet or less from the centerline of track shall be buried not less than 4'6"from the ground surface to top of pipe. Where pipe line is laid more than 50 feet from the centerline of track,minimum cover shall be 3 feet. If additional tracks are constructed in the future, or Railway Company determines that roadbed should be widened, the casing shall be extended correspondingly. PIPE LINES CARRYING FLAMMABLE SUBSTANCES This includes oil, gas, gasoline,petroleum products or other flammable or highly volatile substance under pressure. CASING PIPE FORE 72 LOADING APPROVED CASING PIPE: Steel or Cast Iron for all pressures. ALL MINIMUM DIMENSIONS MEASURED NORMAL TO C OF OUTSIDE TRACK WALL THICKNESS FOR STEEL CASING PIPE (MINIMUM YIELD STRENGTH 35,000 P.S.I.) > PIPE COATED OR PIPE NOT DIAMETER OF 25'Min. (Casing Pipe Sealed< 25'Minimum (Casing Pipe sealed) CATHODICALLY COATED OR PIPE 45'Min. (CasingPipe Open)c} 45'Minimum (Casing Pipe open) PROTECTED CATHODICALLY INCHES p p 0: MIN.THICKNESS MIN.THICKNESS tiZ F- Z V I I INCHES INCHES 45' 0 N Q cJ(__ _Vents to be at or outside R/W line U (' - 0.188 0.188 UNDER 74 Minimum W p Y Q 45'Minimum 0,219 0.282 to AND 16 Standard A.R.E.A,pipe L"?Q 411--1 Standard A.R.E.A.pipe line sign 0.250 0.312 is 20 line sign O Ir Ditch line 3' r4� 0.312 0.375 22 ! 2 Toe of slope �10 �-► _ MIN. 0.344 0.406 24 /71 4, I MIN. I 0.375 0.438 26 0.406 0.469 28 AND,30 11 0,438 0,500 32 4'6"MIN. T 0.469 0.531 34 AND 36 3'MIN. 5'6"MIN. 3'MIN. 0.500 0.563 35.40AND42 7 7SEAL CASING PIPE (See table for minimum wall thickness) SEAL ! CARRIER PIPE TO MEET CURRENT A.R.E.A.SPECIFICATIONS i CAST IRON PIPE: Inside diameter of casing pipe shall exceed outside diameter of carrier pipe by 2"for carrier ns Itallation must be by open trench. Pipe pipe less than 8"diameter,3'/."for 8" to 16" carrier pipe and 4%,"for carrier pipe greater than shall conform to American Standards Assn. 16"diameter. Specification A21 class 150 for 12" and under PIPE LINES CARRYING NON-FLAMMABLE SUBSTANCES and class 250 for over 12". Pipe to have This includes steam, water or any non-flammable substance which from its nature or mechanical joints or compression couplings. pressure might cause damage if escaping on or in the vicinity of railway property. Sewers REINFORCED CONCRETE PIPE: and drains do not require casing pipe unless conditions exist which will endanger security of Pipe shall conform to current A.S.T.M.C-76 track,but should be of sufficient strength to withstand E-72 railway loading. table IV,wall"B". APPROVED CASING PIPE: CORRUGATED METAL PIPE: Steel or Cast Iron for all pressures. Pipe shall be galvanized, asbestos bonded Reinforced Concrete or Corrugated Metal for pressures less than 100 P.S.I. and asphalt coated. ALL MINIMUM DIMENSIONS MEASURED NORMAL TO COF OUTSIDE TRACK Gage of Metal Diameter of } Y before galvanizing pipe Cr Q Q I U.S.Sid,gage (Inches) 1.5 D+ 12' Z¢ ¢`'I 14 18 and under O F z 25'MIN. 12 24,30,and 36 .Z)0 0 ( 10 42 and 48 W V)ZU 2 , W 3 MIN. 00 Q. 0 2 cc in LL 1 I- W I. Where the ends of the casing are below ground 2' WO 4'6" 5'6" D O they shall be suitably protected against the en- IN. MIN. MIN. �— trance of foreign material, but shall not be tightly 3'MIN. sealed. CASING PIPE (See table for minimum wall thickness) Where the ends of the casing are at or above ground surface and above high water level they may be left open,provided drainage is afforded in such manner that leakage will beconducted away from railway tracks or structures. CARRIER PIPE TO MEET CURRENT A.R.E.A.SPECIFICATIONS Page 4 Of 6 Pages Inside diameter of casing pipe shall exceed outside diameter of carrier pipe, joints or couplings by 2" for carrier pipe less than—6- in diameter and 4"for carrier pipe 6" in diameter and larger. Agenda Item No. ! t t i fT1 n N IVi ti r 0 Nro o 0'_ o n r7 U) r' N CL Iwo rt :n ,T G C a ET A I� i , ' Cn T iC-T) t i Ca ono rwrf C t r, i Crn p it n H w rn n [rt H• t~ c� ram• o �. zr= H• a� ca o H. 1-4 :n rT O to ` O I• 1 ro t- o w w r w +r. I t� 2 a 27 7 G. ;ao 0 n m E F fi H W rr H. w ro n to 0 o CL ro sn H• Z H PH r. n r3 F R HCj ' ro f T ��t� �4 2,"2f6`0 w w ro w 0 w� c� -�- y m � 0a � rye r4 � / 0 ' ram-] N dv h _ o o H 0 C)` 61 +65 R, GW. 25 _ ,. 21 T0� , - rr 1� ru PC.66+16,4 �6c'7'00 . I C� y � r / O OOro I ?� luIN �t A -T.. hfcN/fL ST_-i?'!,•. ev- Y � �• � 5a � 9/C 1 ly o /f' .�r) 0 �+ �n pCvcy° Page 5 - of ' 6 Pages Agenda Item No. � : 1;