HomeMy WebLinkAboutResolution - 025 - Alley Use License - E.Z. Hogan Jr- Parking & Loading Space, N-S Alley Blk 138 OT - 01/11/1979JWF:cl
RESO - 25
1/11/79
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an alley use
license in favor of E.Z. Hogan, Jr., attached herewith which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this llth day of January ,1979.
DRKWEST, MAYOR
ATTEST:
Evelyn G&Tfga, City SCcrkwy-Treasurer
APPROVED AS TO FORM:
�Val
J. ty orth Fullingi , Assista# City Attorney
APPROVED AS T NTENT:
Gi3lford"� tson, City Engineer •t---
9. Computation of Award
(A) Amount of This Award
(B) Plus Carry -Over
(C) Title VI I Fderal Share of
Project Net Costs
7.242
(D) Plus Local Non -Federal
Cash Match
*See instructions on
frQnt
(E) Project Net Costs .
(F) Plus Other Resources
(G) Total Approved Budget
g 257
10. GENERAL CONDITIONS OF AWARD:
Not more than 20% of the Federal award may be expended for supporting social services.
The amount shown as the total of Title VI I funds awarded, will constitute a ceiling for Federal parti-
cipation in the approved cost.
G If the accrual net cost is less than the amount of (E) above, Project Net Costs, the Non -Federal share
_will meet 10% cash and the Federal share will meet 90% of the costs for the budget year of this award.
The Federal share of a project's cost is earned only when the cost is incurred and the Non -Federal
share of the cost has been contributed. Receipt of Federal funds (either through advance or reimburse-
ment) does not constitute earning these funds.
It is agreed that if the cash or in-kind contributions exceed the amount of the Non -Federal share for
this project that noen of the over contributed amount will be expected to earn additional Federal
matching funds.
r It is undetstood that accountability for all equipment, furniture and fixtures purchased with funds
-from this grant is the responsibility of the State Agency and at the termination of this project the
State Agency, -at its option, shall exercise its accountability responsibility. and proceed to reclaim the
equipment or its fair share of value in accordance with State Agency policy..
We agree to use the award in compliance with the plan submitted in our application. We agree to com-
ply with, the terms and conditions as stated in the Governor's Committee on Aging, State of Texas,
.Accounting Policies and Procedures Manual (as revised); Office of Management and Budget Circular
No. A-102 (as amended); and Part 74 of Title 45, Code of Federal Regulation, establishing uniform
administrative requirements and cost principles, as applicable. We further agree to be responsible for
records pertaining to this project for a period of three years after the end of the fiscal year if an audit
by or on behalf of the Department of Health, Education and Welfare has occurred by that time. If
an audit has not occurred, the records will be retained until an audit or until five years following the
end of the fiscal year, whichever is earlier and in all cases records shall be retained until settlement
-of any audit questions. The records will be kept at the following location: ri ry uai i� P _ n Rny
20QQ._ T.n}h?inrir o Tavaa 79457
11. OTHER CONDITIONS:
The terms and conditions of this award as stated herein are accepted and agreed to.
City of L"hbock
Name of Recipient Organization Signature
Dirk West, Mayor
Name and Title of Authorizing Official to
A prow A Jo Co a t: PAGE 2
farm Ap;w"4
Jim Weston
Director of Community Facilities
-Y. -
GOVERNOR'S COMMITTEE ON AGING
{ NOTIFICATION OF GRANT AWARD - NUTRITIOMPROJECT •,
.r. LTITLE VII ,
1. Name and Address of Recipient Organization 3. Name and Address of Project Director
City of Lubbock Dorothy Dailey
P. 0. Box 2000 P. 0. Box 2000
Lubbock, Texas 79457 Tjibbnek. Texas 79457
4. Approved Project Period (if Continuation Award) ---
2. Type of Award Action Beginning h/1 /78 Ending -5/31/79
❑ New ❑ Continuation 5. Fiscal Year From Which Funds are Awarded
Supplement ❑ Revision FY 19 - 7c)
6. AeRroved, Costs
tate Project No. P Budget Year: From 6�7 /78 To 1 79
Federal Non -Federal
Food and Social Food and Socia!
Budget Category Related Services Related . Services
1. Personnel(inciuding I I
fringe beneflts)s 1
b. All other pgirsoringl
2. Capital Equipment
(Items over $300 each)
3. Raw Food
r4. Travel
5. Consultants .
6. Other Costs:
a. Administrative
c. KenOvazion-KeDairs
d.
e.
f.
7. Sub -Total (lines 1 thru 6
S. NET COSTS
(Combine line 7)
C.
9. Other Resources (Soecifv):
m
b. CETA
v
aC.
d.
0
c,
20. TOTAL APPROVED
E
BUDGET
(lines 8 + 9)
O11.
Amount of participant
contributions budgeted
Funds Awarded
7. Payee: (Name and Address) 8. Instructions: Supplemental increase of
City of Lubbock 25 meals for Lubbock Count Non—Federal
P. 0. Box 2000 -cash match requirement met by excess
Lubbock, Texas 79457 match in the original grant for the same
period.
Pr nn MrflantE.l Fyerntbre nirc+rfor
a -....
Name and Title of Authorizing Official Signature Date
RESO - 25
f`-' 1/11/79
` JWF:cl
;p( RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an alley use
liceiise in favor of E.Z. Hogan, Jr., attached herewith which shall be spread
upon"the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 11th day of January 9-1979.
RK WEST, MAYOR
ATTEST:
elyn G fga,yCity cr y -Treasurer
APPROVED AS TO FORM:
y
J. orth Fullingi , Assista City Attorney
APP VED AS T LATENT:
Gilford_' ' tson,_, City Fngin.eer
Y
•� 1 f
x -
t ALLEY USE LICENSE
THE. STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 11th day of January , 1979, between
the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and E.Z. Hogan,
Jr., Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH
Subject to the terms, conditions and provisions herein, the CITY OF
LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to
use a portion of dedicatedalleyto construct and maintain said alley for
parking and loading purposes, being all of the South one-half of the North-
South Alley in Block 138, Original Town of the City of Lubbock, Lubbock County,
Texas except all City of Lubbock public services and Utilities and all public
utilities franchised or permitted to use said alley by the City shall have
continued rights to use said alley and ingress, egress, and regress thereto.
1. The terms of this grant shall be from,year to year not to exceed
twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK
retains the right, at its election to cancel and. revoke this license, with or
without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be
deemed properly served if deposited in the post office, postage paid, addressed
to LICENSEE at 2301 -18th Street, Lubbock, Texas or the last known address of
LICENSEE.
Upon expiration or cancellation and revocation of this license by the
CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements
that are permitted under this license shall be removed by the LICENSEE and the
property shall be restored to its original condition at no cost or expense to
the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall
enter possession, and remove or cause to be removed such improvements and the
expense incurred shall be assessed against LICENSEE for which LICENSEE shall be
liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such
grant the sum of TWO HUNDRED AND N0/100 ($200.00) DOLLARS cash in advance --
contemporaneously with the acceptance and execution hereof by LICENSEE.
3. The LICENSEE agrees to pay all costs arising out of the exercise of
this license herein granted, including but not limited to the replacement and
repairing of paving, sidewalks and utilities of any nature occasioned by the
construction as authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the existence of
such use interferes with or causes the rerouting or realignment of any public
i utility, frau-chased utility, or sanitary or storm sewer line constructed or to
be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to
reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its
expense of such relocating or rerouting over and above the expense which would
have been incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first receiving
the written consent of the City Manager of the CITY OF LUBBOCK.
FEB 2 p 19Ig��
crrr sEc,��Arrr
6. This license is made subject to. the condition that should the LICENSEE
exercise any right under the license herein granted and prepare or begin or
complete any part of the construction as herein contemplated across any or all
of the above set out property, they{ and in that event said LICENSEE, his heirs
and assigns, will at all times defend, indemnify and otherwise hold the CITY OF
LUBBOCK, its agents, servants, and employees harmless from any and all claims,,_
demands, actions, causes of action, suits at law or in equity of whatsoever
kind or nature which may grow out of or berelated to the making of this license
or the construction or maintenance and use permitted herein. The CITY OF
LUBBOCK, at its option, may require an agreement with any contractors hired by
LICENSEE to perform the construction, repair or maintenance permitted herein,
which agreement will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the work to be
- done by such contractor. The CITY OF LUBBOCK may further require such contractor,
when engaged in the construction, repair or maintenance permitted herein, to.
furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in_an ---..
amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing
_.:the_ faithfulperformance ofall_the.terms,__covenants and conditions contained
in said agreement anda certified copy of a policy of public liability assumed_`
by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK
agrees to give notice to LICENSEE prior to incurring any costs or expenses or
the payment of any such claims or demands in order to give LICENSEE a reasonable
opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability
and property damage insurance, within limits specified by, and in a form satis-
factory to the City Attorney for the CITY OF LUBBOCK and which names the CITY
OF LUBBOCK as the insured, said policy covering the uses. herein granted.
8. All of the covenants and provisions of this license shall be binding
upon and inure to the benefit of the successors, legal representatives, assigns
and the duly authorized agents and contractors of the parties hereto to the
same extent and effect as the same are binding upon and inure to the benefit of
the parties hereto, but no assignment hereof by the LICENSEE, its successors
and assigns, shall be binding upon the CITY.OF LUBBOCK without the consent of
the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5)..
9. LICENSEE, by the acceptance of the uses permitted herein, understands
and agrees that no interest, title or rights of possession are intended or
implied except those expressly set forth herein,and LICENSEE waives any and all
claims in and to the public way it is permitted to use hereby and agrees to
give peaceful possession of said property covered herein upon termination or
cancellation of this license.
CITY OF LUBBOCK
BY r
DIRK 7IMST, MAYOR -
;A
Evelyn Gaff a,, City SecAetArtreasurer
AGREED TO AND ACCEPTED this day of fa kj, int Y . , 1979.
LICENSEE: E.Z. HOG , JR.
BY
E.Z. HO , J .
APPRO D AS 0 FORM•
J. W r h Fullingim, Asst. City A orney
M_EDa*
WjUf d Watson ,City Engineer
til
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