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HomeMy WebLinkAboutResolution - 122861C - License For Use Of Public Way - Gen. Telephone Co & Sewage Contract - TTC - 12/28/1961RESOLUTION 11 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the previous Resolution authorizing the Mayor to execute a Street Use License to General Telephone Company of the Southwest and the Street Use License made a part thereof passed on September 14, 1961, be and the same are hereby cancelled. The City Secretary -Treasurer shall write a note in the margin of the Minutes for said meeting of September 14, 1961, that said Resolution and Street Use License have been cancelled. SECTION 2. THAT the Mayor be and he is hereby authorized and dir- ected to execute for and on behalf of the City of .Lubbock a new and revised LICENSE FOR USE OF PUBLIC WAY granting General Telephone Company of the Southwest the right to construct, install, operate and maintain underground conduit and manhole facilities at .the locations specified and under the conditions and terms of said License, a copy of which is attached to and incorporated herein by reference for all purposes. SECTION 3. THAT the City Secretary -Treasurer is authorized and directed to attest the Mayor's signature to said License, and shall affix the seal of the City of Lubbock thereto. Passed by the City Commission this 28th day of Dec ember, 1961. ATTES / r LavelliaLowe, City crotary-Treasurer DAVID C. CASEY, Mayor For proved Cary AutN!-_y provcd Asst ity A Forney if LICENSE FOR USE OF PUBLIC WAY w....w..r.........«r.n.,..n.� wrw,�wr..+..�..+.r,r...r�....r...nu+r.. THE STATE OF TEXAS i COUNTY OF LUBBOCK I This License msaide the 28th day of December, 1961, between the City of Lubbock, a Name Rule Municipality, herein called "CITY" and General Telephone Company of the Southwest, herein called "LICENSEE' WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed, covenant " agree as follows: (l) In +considerastion of the aum of ONE AND N01100 1.00) DOLLARS, cash in hand paid to the City of Lubbock, the receipt and sufficiency of !which Is hereby acknowledged, acknowledged, +City hereby, ;grants LICENSEE a. License for the following purpose: to construct, install, operate and maintain, underground conduit and manhole con- struction at the following designated location*, Said lune, to run fromLicensee's existing Installations in 4th Street clue South to a point not more than 10 feet South of the North curb -line of 6th Street, with said line parallel to and approximately 2 feet East of the back of the East curb lire of Avenue Ni, thence West across the 6th Street Avenue U intersection to connect with existing Southwestern Bell Tele- phone facilities: (2) This License is made subject to than condition that LICENSEE, and the heirs, successors, and *& signas of LICENSEE will at all times defend,' Indemnify and otherwise hold the City of Lubbock, ite: &Cents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or relate to the snaking of this License or the exercise by LICENSEE of any privileges granted by this lAcaensee. (3) LICENSEE shall at all times exercise the privileges granted .by this License in such a manner an will not Interfere with the public use of the public way at the location hereinabove described end so as not to create any dangerous or hazardous condition thereon, and subject to the supervision of the City Engineer, LICENSEE shall erect such barricades, warning signs, and other safety devices as may be required:by vaald City Engineer at no expense to CITY. (4) The City of Lubbock will coo or cause to be done at the Licensees expense all the necessary repairing, patching, and reconstructing of the public as•treet$, curbs, and gutters occasioned by or In any >nnarmer growing out of the exercise ;of the privileges granted by this License to Licensee, including a reasonable charge for engineering. Said expenses shall be timely paid. by L.iceasee within 30 nays after receipt of any bills for such expenses from the City of Lubbock. This shall be aaa permanent License except that the City of Lubbock may revoke this License if Licensee does any act contrary to the provisions of this License or fAlls to do any act required by theprdvisbns of 14cense to be done or performed by Licensee. (5) This License and privilege shall not be transferable In whole or in part, and shall not inure to the benefit of any other person, firm corporation, or organi- zation other then UCENSEE except upon expressos written consent of CITY. (6) Upon termination of this License, by revocation and/or cancellation by CITY, by mutual consent of the parties hereto or otherwise,, LICENSEE shall remove, at no cost to CITY, any or all Improvements and appurtenances thereto, If aas.�ay, made or placed pursuant to this License, If such removal is requested by the CITY. Licensee shall relocate at its own expense Improvements constructed and/or maintained pursuant to this License when requested to do so by the Cityt but Licensee retains theL rights of reimbursement for such relocation expense In the ;,aevent of interstate highway construction from the governmental agencies from which such reimbursement to due. (7) LICENSEE accepts the terms, covenants, and conditions of this Lis ease and agrees to be bred thereby. In the event two or caore parties execute this instrument as LICENSEE, all covenants and agreements of this License shall be joint euxd several covenants and agreements of such parties. (a) All covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the: parties to the some extent and effect as some are binding upon and Inure to the benefit of the parties hereto, but no assignment hereof by LICENSEE, its successors , legal representatives or assigns, or any subsequent assignee, shall be binding upon CITY without the written consent of CITY in eatb instance. CI'T'Y OF LUBBOCK LAWC. CASEY, Mayor ATTESTt Lav is Lowe,. City Seecreta Tr a sir GENERAL TELEHPONE COMPANY OF THE SOUTHWEST, Licensee THE STATE OF TEXAS 1.11. COUNTY 4F LUBBOCK X BEFORE ME, the: undersigned authority, a Notary Public in send for said County, Texas, on this day personally appeared DAVID C, CASEY, known to rue to be the person whose: awnee Is subscribed to the foregoing Instrument, and acknowledged to me that he executed the some as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY SNC AND SEAL OF OFFICE this 28thday of Decemger Notary Public, Lubbock County, Texas THE STATE OF TEXAS I COUNTY OF LUBBOCK '( BEFORE ME, the undersigned authority, a Notary 'Public in and for said County, Lubbock, on this clay personally appeared , President of General Telephones Co., of the Southwest, a Corporation, known to me to be the person whose name 1s subscribed to the foregoing instru- ment and acknowleedgesd to me that be executed the: same as the act and deed of General Telephone Co., of the Southwest. a Corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND SAND SEAL OF OFFICE thiee 28th day of De ekbe` �i'<atcry Putbltcs Leib ck County, 'Texas (SEAL) Board Minutes February 17, 1962 Attachment No. 7 Item 3.102 (12-9-61) SEWAGE EFFLUENT CONTRACT BETWEEK THE CITY OF LUBBOCK, TEXAS AND TEXAS TECHNOLOGICAL COLLEGE WHEREAS, The City of Lubbock is in the process of finalizing plans for a sewage treatment plant to be located North of Clovis Road and in the vicinity of Knoxville Avenue, within the City of Lubbock and there will be available from this plant, when completed and in service, sewage effluent of adequate quality to be used for irrigation; and, WHEREAS, The Board of Directors of Texas Technological College after due consideration and study has determined that it will be both expedient and desirable to acquire the effluent from such sewage treatment plant for the purpose of irrigation; and, WHEREAS, The City Commission of the City of Lubbock has determined that it is to the best interest of the inhabitants of the City of Lubbock and the public generally that such effluent be furnished to Texas Techno- logical College at the lowest possible cost to said College; and, WHEREAS, it is further deemed advisable and to the best interest of the City of Lubbock and Texas Technological College that the terms and conditions of the furnishing of such effluent be incorporated in this agreement; E NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This agreement and contract is this day made by and between the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, acting herein by and through its Mayor as heretofore duly authorized by Resolution of the City Commission, hereinafter called "CITY", and the Texas Technological Coilega, an educational institution of the State of Texas, located in Lubbock County, Texas, acting herein by and through the Chairman of its Board of Directors, as heretofore duly authorized by Resolution of the said Board., hereinafter called "COLLEGE": W I T N E S S E T S: ---------- In consideration of the covenants and agreements herein expressed to be performed by the parties hereto, the City of Lubbock does hereby covenant and agree, beginning upon completion of the sewage treatment Board Minutes February 17, 1962 Attachment No. 7 Item 1102 (12-9-61) Page 2 plant above described and other necessary pumping facilities, lines, and reservoir, to supply COLLEGE the sewage effluent processed at said sewage treatment plant, and COLLEGE hereby covenants and agrees to take all the sewage effluent from said CITY, to be used exclusively on COLLEGE property unless otherwise agreed to in writing by the CITY, so long as the biologi- cal oxygen demand remains as hereafter provided, and subject to the following terms, conditions and covenants: The COLLEGE agrees and obligates itself to excavate, lay, construct and install sufficient reservoir, lines and pumps to transport the efflu- ent from CITY disposal plant to COLLEGE land and premises. The CITY hereby grants to the COLLEGE the right to make and maintain connections between the City of Lubbock Northwest Sewage Treatment Plant and the lands and premises owned by Texas Technological College of proper and sufficient size to transport such sewage effluent to the land owned by said CODE over and across right-of-way to be furnished by CITY. This grant is made upon the following terms and conditions, to wit: 1. That City of Lubbock shall not at any time be required to build, lay or construct or install any reservoir line or pump or any other facil- ity necessary for transporting said effluent to the lands owned by Texas Technological College. However, it is agreed and understood that the City of Lubbock shall maintain any line and pump or pumps which may be installed by the COLLEGE to be used in carrying out terms of the contract and for which maintenance cost the COLLEGE agrees and hereby obligates itself to pay to said CITY the actual cost for such maintenance. In addition to the cost for maintenance of the line and pump the COLLEGE agrees and obligates itself to pay said CITY for all electrical energy consumed in the trans- portation of such sewage effluent from the _sanitary treatment plant to the line owned by COLLEGE at rates established by ordinance for municipal or school consumers, whichever is cheaper. Payment is to be made to CITY within reasonable time after receipt of such bill of.cost delivered to the COLLEGE. 2. The sewage effluent to be delivered by CITY to COLLEGE shall be sewage effluent having a biological oxygen demand (B.O.D.) of approxi- mately twenty (20) parts per million unless otherwise requested by COLLEGE Board Minutes February 17, 1962 Attachment No. 7 Item 1102 (12-9-61) Page 3 in writing to reduce the B.O.D. in which event COLLEGE agrees and obligates itself to pay the increased cost to CITY which may be incurred for chemicals used for such additional treatment. 3. As an express condition herein COLLEGE will use due diligence in handling, distributing and/or storing all sewage effluent delivered to it, under the terms of this agreement, in such a manner as to not substan- tially increase the density of odor emitting therefrom, or from spreading and causing other than normal discomfort and annoyance to nearby inhabi- tants, and to the best of its ability will not use or suffer to be used any effluent in such a manner as to constitute a nuisance. If in the event such condition does arise from such use the COLLEGE will diligently do all that may be necessary to abate and correct such condition. 4. The COLLEGE in its use of such effluent shall take ordinary and reasonable precaution to prevent the flow of effluent onto or over property not owned by COLLEGE unless otherwise permitted by owner or owners of such land given in writing which shall be subject to all terms, conditions and covenants contained in this agreement. The parties hereto agree and it is expressly stipulated and under- stood that the CITY shall not be liable for any damage, claim or cost or subject to any cause of action, after the sewage effluent is transported by pipeline to COLLEGE lands and premises. It is further agreed and understood that should CITY be restrained by Court action or otherwise prohibited from delivering the effluent to COLLEGE for the purpose agreed and anticipated, the CITY shall be released from responsibility for the -provisions of this contract during such interval without further action by either party hereto and until .uch time as such restraint or prohibition is removed. Upon resumption of operation of the sewage treatment plant, CITY shall continue delivery of the effluent to COLLEGE. Nothing herein shall be construed as creating a fixed indebtedness on part of COLLEGE. This contract shall become operative and binding on the parties here- to for a term ending twenty (20) years from the date the first sewage effluent is delivered to COLLEGE under the terms of this agreement, Board Minutes February 17, 1962 Attachment No. 7 Item 1102 (12-9-61) Page 4 provided, however, it is understood and agreed that said COLLEGE, by decision of its Board of Directors, desire for any reason to terminate this agreement, it may do so; then in such event an intention to abandon this agreement may be exercised by written noticeto CITY delivered not less than twelve (12) months prior to the date such termination is to become effective. It is mutually agreed that the COLLEGE cannot amortize its original cost in a period of twenty years and for such reason, it is further understood, agreed and here stipulated that upon termination of the original twenty (20) year term this agreement may be continued at the option of the COLLEGE for an additional ten (10) years. Should the COLLEGE desire to exercise this option, it may do so by giving notice to the CITY in writing twelve (12) months prior to the termination of the original teen. In the event COLLEGE exercise its right of option for an additional ten (10) years, then in such event, the cost of the chemical treatment may be re -negotiated to the extent necessary to protect the CITY should there be any increase in such cost. EXECUTED THIS 3rd day of January, 1962. ATTEST: ALowe CITY SECRETARY -TREASURER _ — ATTEST: _I -TJ Roy WeVIS, SECRETARY CITY OF LUBBOCK ZL6�,Zo- dzae� David C. Casey, MAYOR Form ApprovC.1 jal _� _ City 1,!�n7ney BOARD OF DIRECTORS TEXAS TECHNOLOGICAL COLLEGE C. I. Wall, CHAIRMAN