1996-123A \SRAIL ORD
ORDIN CE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE KANSAS CITY
SOUTHERN RAILWAY COMPANY FOR WIRE CROSSING, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is hereby authorized to execute, on
behalf of the Clty, a contract between the C~ty of Denton and the
Kansas City Southern Rallway Company for the construction and
maintenance of wires across the r~ght of way and tracks of the
railway company, a copy of which ~s attached hereto and
mncorporated by reference herein
SECTION II That the expenditure of funds as set forth an the
Contract ls hereby authorized
SECTION III That this ordinance shall become effective
~mmed~ately upon ~ts passage and approval
PASSED AND APPROVED this the~-day of ~ , 1996
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
WIRE CROSSING CONTRACT
THIS AGREEMENT, made end entered into th~e 15th day of April, 1996, by and between THE
KANSAS CITY SOUTHERN RAILWAY COMPANY, a corporation hereinafter referred to as "Railway
Company", and CiTY OF DENTON, TEXAS, to be addressed at 215 East McKmney Street, Denton,
Texas 76201, hereinafter referred to as the "Licensee"
WITNESSETH
WHEREAS, the Licensee desires to construct and maintain wires, hereinafter described, across
the right of way and tracks of the Railway Company end across the telephone, telegraph, e~gnal end
other w~ree of the Railway Company and The Western Umon Telegraph Company, the latter wires
being hereinafter referred to aa "Company wires",
NOW, THEREFORE, IT IS AGREED AS FOLLOWS
I iPERMIT =OR CROSSING For the sole conven.; nce and accommodation of the L~censee and
at ~ts sole risk and expense, and in consideration of the covenants of the L~censee hcremafter set forth,
the Railway Company hereby permits the Licensee to construct, maintain and operate a crossing
(here~n referred to as wire crossing) consisting of
proposed overhead 13.2 KY power line crossing Railway property and tracks at
M P. D-103 2+/-, aa Ind~catsd in red on print of Drawing No 997-152, dated
2/16/96, marked Exhibit 'A", attached to and made a part hereof
2 SPECIFICATIONS. The wires shall be placed, and at all t~mes maintained, so as to g~ve a
minimum clearance of twenty-e~ght (28) feet above the ra~ls m the tracks of the Railway Company,
allowing for sag, and so as to clear the Company wires at least two (2) feet The L~censee shall, at ~ts
own expense, erect and malntsin its poles and wires Irt accordance with the latest revised rules, orders,
recommendations or specifications adopted by the National Electrical Safety Code of the Bureau of
Standards for overhead railway crossings by hght and power transmms~on hnes
3 Material and workmanship shall be satisfactory to the Railway Company's authorized
representative, both aa to renewal and repair Should Railway Company consider it necessary or
desirable to supervise the installation or removal of wire I~ne or to provide flagging protecluon of its
trains during such installation or removal, Licensor shall provide such supervision or flagging protection
and Licensee shall reimburse Licensor for its reasonable costs and expenses AIl expense in connection
w~th the crossing, including its construction, renewal and repair, shall be borne by the Licensee
4 POLES' The Licensee shall not erect or cause to be erected any poles, anchors or guy
wires upon the right of way of the Railway Company except as ~nd~catsd upon the attached exhibit,
and which poles, anchors and guy wires shall not be placed nearer than twelve (12) feet from the
nearest rail of any main track or nearer than seven (7) feet from the nearest ra~l of any side track
5. MAINTENANCE The Ucansae shall maintain the wire crossing to conform to the
requirements of Section 2 hereof, and shall make frequent inspections of the crossing for that purpose
If ~t shall come to the attention of the Railway Company that the same ,s not being so maintained, the
L~censee will, on written request of the Railway Company, at any ttme, promptly make such renewals
or repairs in wire crossing as shall be des~gnatsd by the Railway Company, and ~f the Ucensee fails
w~th;n ten (10) days to comply with such request, the Railway Company may make such renewals and
reps;rs, th® cost of which the Licensee agrees to pay, or the Railway Company may, at its opt;on,
wholly remove the crossing w~res, and the supporting structures, condu~ts and appurtenances from the
right of way.
6 ADDITIONAL WIRES OF UCENSEE. In the event the Ucenese desires to ,netsll additional
wires at the crossing in the locations hereinbefore described on the same poles, or towers, or in the
same conduits, hereinbefore provided for, it shall not~fy the Railway Company and the ~nstallatlon of
same shall be subject to the consent and approval in writing of the Railway Company, and all such
add~tional wires shall be placed and erected in accordance w~th the aforesaid spec~flcation and this
contract
7. CHANGES HEREAFTER MADE BY RAILWAY COMPANY If at any time during the term of
this agreement, it shall become necessary or desirable for the Railway Company to braid add,tional
track or tracks, depots, yards, or any other structure that may be necessary or des,rable ,n connect,on
w,th the operation and maintenance of the Railway Company, or to change the grade or location of
its track or tracks, or if changes in or additions to the Company wires or poles used in connection
therew,th shall become necessary, or ~f it shall become necessary to do any work to comply with the
requirements of the Railway Company, or with the demands which may hereafter by law be prescribed
w~th reference to the crossing, the Licensee shall, at its own cost and expense, w,thm th,rty (30) days
after receipt of written notice from the Railway Company so to do, relocate, rearrange, reconstruct or
rev,se the ~wire crossing in such manner as to conform to the requirements of the Railway Company
8 CONSIDERATION. INDEMNITY In cons,derat~on of the hcense and permission here~n
granted, and to the extant perm,ttsd by law the Ucensee assumes and agrees to indemnify and hold
harmless the Railway Company and other companies operating trains over its tracks from any claims
or demands (whether arising in or based upon tort, contract, strict hab~lity, or otherwise) made by any
and all persons for accidents or iruunea arising from or growing out of the presence, use and operat,on
of the L~censes'e poles, towers, wires end appurtenances on the Railway Company's r,ght of way, or
from the escape of current therefrom and from any payments wh;ch the Railway Company and other
compames, or any of them, may make to its or their employees and their beneflc;ar;es, or any of them
under the provis~ons of any compensation law or other sim,let law or under the provis,ons of any plan
for employees' benefits adopted by the Ra,lway Company and other companms, or any of them, in
settlement for accidents or mjunes arising from or grow,ng out of the failure of the L~censes to
construct and maintain the wire crossing as here;n prowded Licensee shall indemmfy the
aforementioned compames as prowded in this paragraph unless such loss anses out of the sole
negligence of those companies
The Ucensee recogmzes the danger ,nc,dent to the operation of trains over the tracks of the
Railway Company in the vicinity of the wire cross,ng, and agrees to adopt and enforce upon its
employees engaged in constructing, reconstructing or ma,nts,nmg the wire crossing proper rules and
regular,one for their safety while on or near such tracks To the extend permitted by law, the Ucensee
assumes all liab~lity for ,njuriee to all persons engaged ~n such work and agrees to ,ndemmfy and hold
harmless the Ra,lway Company and other companies operating trains over its tracks from any llabihty
for such injuries except when the same Is caused by the neghgence of the Railway Company or such
other compames, its or their employees
The Licensee agrees to reimburse and pay the Railway Company, or such other companies, any
judgments, costs, and expenses or amounts paid out in settlement, which they or any of them may
be put to or may be compelled to pay on account of any claims arising under L~censee'e duty of
~ndemniflcaflon This agreement ia made m part for the benefit of other compames operat,ng over the
Railway Company's tracks and any of the companies may sue to enforce the prowsions hereof, either
jointly or severally, as their ,ntsrests may be joint or several None of the companies shall be liable for
any damage (except that w~ilfully done) to the w~re crossing, however caused
9 OTHERS NOT TO USE' The Licensee shall not permit others to install wires ,n the crossing,
but ~f done, then the obhgat~ons, duties and hab~ht;es here;n ~mposed upon the L,censes shall be the
2
same ss to such wires, es though they were the wires of the Licensee
10 TAXES The Uceneee shall promptly pay all taxes, essessmenta end other governmental
or mumcipal charges upon its property located upon the right of way of the Railway Company end
comply with ell governmental or municipal rules and regulations covering the operation of electrical
trensmismon lines of the character constructed, erected or operated hereunder
11 ENGiNEERINGANDACCOUNTINGEXPENSE Llcensee agrees to pay for use of LIcensor's
nght-of*wey end the privilege hereby granted, the sum of TWO HUNDRED FIFTY AND NO/100
DOLLARS ($250 00) upon execution of this contract
As additional consideration for the privileges granted hereby, should Rmlway Company in the
future require power for its mgnsi facilities in the ares of the aforementJoned instalist~on, I~censee shall,
upon request from the Railway Company, provide transformer and power drop to serve the signal
facilities
12 TERM Th~s permit shell continue so long a; the wire crossing of the Licensee does not
~ntarfere with the property or the development, enlargement or improvement of the property of the
Railway Company, or in the opinion of the Chief Engineer of the Radway Company the w~re crossing
does not constitute a hazard to Rmlway Company's property or employees If and when the Railway
Company shall require the removal of the wire crossing and another mutually satisfactory location can
be found upon the Railway Company's right of way, then the w~re crossing shall be moved by the
Licensee promptly and at its own expense to such new location However, if another location mutually
satisfactory cannot be found for the wire crossing, then the same shall, w~thm thirty i30) days after
notice thereof to the Ucensee, be removed from the Rmlway Company's right of way by the Licensee
at its own expense If at any time the hcensee shall fail to maintain its wire crossing a8 herein
required, or such wire crossing shall, in the opinion of the Railway Company's Chief Engineer, become
a hazard to its property or to its employees, then the wire crossing shall be relocated, as hereinbefore
prowded, or shall be removed from the Railway Company's premises w~th~n thirty (30) days after
notice from the Railway Company to remove the wire crossing
Neither the service of the not.ce herein provided for, nor the termination of th~s License shall
operate in any manner whatsoever to relieve or release the Licensee from any obhgations or habd~ty
to the Railway Company theretofore accruing under the terms hereof
Upon the termination of this agreement in any manner the Ucensee shall immediately remove
its property from the premises of the Railway Company, and ~n the event of its fadure so to do, the
Railway Company may remove the same at the cost of the Idcensee
Rights herein granted are personal and not assignable without Rmlway Company's wnttan
consent However, the prowsions of this Agreement shall be binding upon the successors and assigns
of both of the part~as
13. If the operation or maintenance of the w~re line shall at any time cause interference,
including, but not limited to, physical interference from electromagnetic mduct~on, electrostatic
induction, or from stray or other currents with the fac~htms of Rmlway Company or of any lessee or
licensee of Railway Company, or in any manner interferes with the operation, maintenance or use by
Rmlway Company of its right of way, tracks, structures, pole lines, mgnal and communicaUon lines,
radio or other equipment, devices, other property or appurtenances thereto, Licensee agrees
immedmtaly to make such changes In Its own lines and furnish such protective dewcee to Railway
Company and its lessees or hcensees as shall be necessary in the judgment of Railway Company's
representative to elim~nata such interference The cost of such protective equipment and its installation
shall be borne solely by the Licensee,
In the event that the methods above set forth fall to ehminata such interference, and It is
deemed necessary by the proper officer of Railway Company hawng jurisdic~on therein that any or all
fac~hties of Rarlwey Company or of any lessee or licensee thereof shall be relocated, reconstructed or
otherwise changed, the entire cost of such changes shall be borne by the Licensee
The current due to electrostatic effects shall not exceed 5 0 m~lhamperss, rms, to ground In
the event It is determined that such current, at any time. exceeds 5 0 m~lhamperes, rms. Rmlway
Company shall have the right to require such installer;on or mod,hcat~on as may be necessary to reduce
the current to 5 0 milliamperes, rms. or less. and the entire cost of the ~nstallat;on or modification shall
be borne by the Licensee.
14, ENVIRONMENTAL CLAUSE, The Licensee shall not permit hazardous waste, hazardous
substances or hazardous materiels on or in the area covered by th;e agreement w~thout the written
consent of the Railwav
The Licensee shall at all t~mes keep the ares covered by th~s agreement in a safe. clean and
sanitary condition, and shall not mutilate, damage, m~suse, alter or permit waste thermn Should any
discharge, leakage, sp~llage or emission of any hazardous waste, hazardous substance or hazardous
matanal or pollution of any k~nd occur upon, in, into, under or from the area covered by this agreement
due to the Licensee's use and occupancy thereof, the L~csnsee, at ~ts sola cost and expense, shall
clean all property affected thereby, to the satisfaction of the Rmlway and any governmental body
having jurisdlc+aon thereover
The Licensee shall comply w~th all apphcable ordinances, rules, regulaluons, requirements and
laws whatsoever including (by way of Illustration only and not by way of limitation) any governmental
authority or court controlling environmental standards and cond,t~ons on the premises end shall furnish
sat;sfactory evidence of such compliance upon request by the Railway If, as a result of the LJcensee's
operation hereunder, any such ordinance, rule, regulation, requirement, decree, consent decree,
judgment, permit or law is violated, or if, as s result of any action by the Licensee, any hazardous or
toxic waste, materials or substances should enter or otherwise affect any part of the area covered by
th~s agreement (~nclud~ng surface, subsurface, mrborne and/or ground contamination), to the extent
permitted by law, the Licensee shall protect, save harmless, defend and ~ndemnify the Railway from
and agmnst any penalties, hnes, costs, response, remedial, removal and clean-up costs, correct~ve
action, natural resource damage and damages and expenses of any other nature whatsoever, Includ~ng
legal fees and court costa, imposed upon or incurred by the Rmlway, caused by, resulting from or in
connection with such violation or violations
For the purposes of th~s Environmental Section, and to the extent permitted by law, the
L,censee agrees to defend. ~ndemnify and hold harmless the Railway from and agmnst any and all
clmms, demands, actions, liability, responsibility and causes of action (whether arising ,n or out of tort.
contract, strict hab~hty, or otherwise) asserted agmnst them for death, injury, loss or damage resulting
to the Rallway'e employees or property, or to the Licensee or the L~censee's employees or property,
or to any other persons or their property, and for all pena]t~es, fines, costs, response, removal, remedial
and clean up costs, corrective action, natural resource damage and damages and expenses of any
other nature whatsoever, including legal fees and court costs, arising from. re]atad to or happening ,n
connection w,th the breach of the duties, obligations and respons;b~i~ties of L, censee and ~ta agents.
servants, emplovees, contractors and representat,ves under paragraph 15 of this Agreement
For the purposes of this Environmental Section, the L~censee further agrees that ~ta obhgat,on
of ~ndemnlty hereunder pursuant to this section shall be stnct and absolute, and shall remain in full
force and effect ~rrespect~ve of any negligence on the part of the Rmlway, except th~t~t~s indemnity
should not apply w~ere the harm or circumstance arises out of the sole negligence of the Railway
Company. 15 So long aa this Agreement Is In effect Ucensee agrees to mmntain comprehensive, general,
and contractual Imb~lity insurance with minimum lim~ts of ~ 1,000,000 per occurrence, together w~th
umbrella coverage over all policies in the minimum amount of $5,000,000 In addition, Ucensee shall
provide or require minimum statutory workmen's compensation coverage for all covered employees
who are on L~ceneee'a property. A certificate of insurance w~ll be provided to Ucensor by IJceneee
prior to ~nstalling the wire hne licensed under th~s Agreement L~censor agrees that Ucensee may
satmfy its obhgatlon to provide minimum insurance through a self-~nsurance program so long as' (1)
Uceneee's insurance program compl~ss w~th all applicable laws and regulations, (2) L~censee'a program
is operated and maintained in a reasonable and prudent manner and (3) L~censee'a self-~neurance
program ~s primarily responmble for lose payments due under the terms of th~s Agreement
16 Licensee egreee to furnish Uceneor w~th e cert~fmd copy of resolut,on or ordinance adopted
by the City of Denton authorizing the Mayor and City Clerk to execute th,s contract on behalf of the
C~ty
IN WITNESS WHEREOF. the parties hereto have executed th~s agreement ~n duphcata on the
day and year heremabove first written
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
Approved:
By
V P and Chief Engineer
Title Senior V.P, - Ooerations
Approved as to form.
CITY OF DENTON, TEXAS
Legal Department
By
A~n Title Ma~/r
Titl~/~ 'C;er~
~ ~ C S Ma,n L,ne (old AT SF)
25'
To Dalton Jct
To Cleburne
Sta 5450+65*/- - MP D-1032*/--
REVISmNS E XHISIT "A"
OVERHEAD WIRE CROSSING
TELEPHONE WIRES 28 FEET THE KANSAS CITY SOUTHERN RY CO
ANY OVERHEAD OBSTRUCT]ON 28 FEET
ELECTR]C LIGHT AND POWER WIRES CARRYING
LESS THAN 750 VOLTS 28 FEET Proposed overheod 15 2 .KV
750 TO 15,000 VOLTS 28 FEET Power Line Crossing at
15,000 TO 50,000 VOLTS 30 FEET
MORE THAN 50,000 VOLTS, 30 FEET PLUS Mile Post D-103 2./- ~n
b~ INCH FOR EACH 000 VOLTS N EXCESS
OF 50,000 (~V'S - 50 X 0416667 I + 30 Denton, Texos
NOTE PROPOSEO OVERHEAD WIRE CROSS]NOS
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
114 WEST ELEVENTH STREET
KANSAS CITY, MISSOURi 64105 1804
(S]6)5560247 July 22, 1996
Mr. Jerry Drake
City Attorney
City of Denton, Texas
Municipal Building
Denton, TX 76201
Dear Mr. Drake.
For your records I am enclosing executed copy of Wire Crossing
Contract dated April 15, 1996 entered into between the KCS Rallway
Company and the City of Denton, Texas, covering proposed overhead
13.2 KV power line at M.P. D-103.2± in Denton, Texas.
Yours truly,
Admxn Mgr - Engr.
BJW/pd