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HomeMy WebLinkAboutResolution - 040931A - Contract Ratified - Swift & Company Inc - Settlement For Underpass Construction - 04/09/1931F O4OA3l A RESOLUTION Yn,-. ,11aereas, the City of Lubbock ha.s constructed an underpass under the tracks of the Panhandle & Santa: Fe Rail,,, -ay Com-ra.ny on Avenue H at the -�ooint TK.ere said tracks cross said Avenue H in the City of Lubbock, Tey s, and whereas STift and vonro.any, IncolDora.ted, beim` the o-ner of certain_-)roperty in Plod_- 24 of the Oriar final Torn of Lub"-ook, abutting on that portion of Avenue H along_: trT iic't said underpass ala.: been constructed, 1las filed Tith the City of Lubbock its claim for da .a;_;es by reason of t e construction of said underpass, and therea-s the said Sift and Corupany.1 incorpora�ed, and the City Council of the Cit ,of Lu3bock have a .reed upon a. settlement of said_ claims and controversies upon the following: terms: The City of Lubbock a; trees to pear to Swift and Com -any, Incor- -orated, the sum of Eight Thousand (W2, 000.00 )Dollars in cash in -cull settlement and satisfaction of any and all claims for da:r_,ages done or property taken on account of the construction, maintenance or operation of said underpass. The City of Lubbock further agrees a,s a oast of the considera-tion for said settlement to pass an ordinance closing_ and vacating that -portion of Fifth Street and Avenue H lyin ; between the 7,,est retaini_n_g via 11 of the underpass and the i�est boundary line of Avenue H, end extendin- from the center line of Fifth Street south. to the north boundar,r line of the Panhandle & Santa Fe Fa i l7 ay Company right of way. The City of Lubbock furti_.er agrees that it will cause to be removed frorl AvenAze H the loading platform and dock adjoininY the east �,a.11 of the Peoples Ice Cocf.pany building,, for a distance of D feet north from the southeast corner of said building, and that it will not at any time in the future permit any encroachment upon or obstruction by loa..ding platforms, docks or other obstructions of that part of Avenue H lying between the Nest retaining :gall of the underra:ss and the rest boundary line of Avenue H, for a distance of �ji�. feet from the center line of Fifth Street to the point rw feet north of said centerline. O4Oq3lA The City reserves unconditionally the right at all tides to con- struct, maintain and operate its utility lines, especially its lie; t lines, and to grant similar rights and franchises to pbblic utility lines in, upon, under, over or across said street, without cost or damage to itself or grantees, or public utility privileges, agree- ing, however, that no ob$tructions shall be placed in the street interfering; with free ingress and egress to the Swift and Cor'�any property. For and in consideration of the payment of said Eiht Thousana (__,,000.00) Dollars in cash, and the closing of the portion of Fifth Street and Avenue H, and the agreement to beep the above described portion of Avenue H free from obstruction or encroachment, the said Swift and Co, any, Incorporated, agrees to release the City of Lubbock and the P & N T hey CorIlpany and the Panhandle & Santa. Fe Pailway Company from all claims for damages done or property taken on account of the construction, mai.nteaance, or operation of said railroad underpass over, u1pon, along or across said Avenue H in the city of Lubbock, Texas. Now, therefore, be it resolved by the City Council of the City of Lubbock, Texas, in session duly assembled, that said contract and agreement be and it is hereby in all things ratified, approved and confirmed, and t fat the Hon. J.J. Clements, Mayor of the City of Lubbock, Texas, be and he is hereby authorized to make and enter into a. contract in writing for and on behalf of the city of Lubbock, and with the said Swift and Company, Incorporated, in consummoiation and in evidence of the said agreement of settlement and its terms. Passed and approved this the 9th day of April, A.D. 10-31. Attest: Iayor City Secretary s THE STATE OF TEXAS, O COUNTY OF LU230M. O JL_ a 040931A r-�erea,s the City of Lu'ti�ock has constructed an underpass on Avenue H under the traces of the Panhandle eQ Santa Fe Tail�ray Company, the said under; -ass extending along said Avenue H immediately in front of -property o7rned by gift and Company, Incorporated, in Bloclr 24 of the Ori;_;inal Tonin of Lubbock, and Mrereas, Svrift and Colrpany has filed its clair_. for damages 4 against the Cit7,1' of Lubbocl_r, the P & N T R<i Company, and the Panhandle & Santa Fe Railvray Company, and whereas all oarties desire desire to cormpromise and settle the controversies, claims and differences arising by reason of the construction of said underpass: Noy, therefore, n7ow all men by these presents that the said Tice City of Lu b7, acting by and through its Mayor, thereunto duly aut ,orized 'Ny resolution of the City Cou,�cil, and Swift and Co,(ipa:yrr, Incorporated, have � ia:de and entered into the following- agreement of settle>nent The City of Lub7l-ock a_*rees to pay to Swift and Company, Incor- pora:ted, tine sun of Ei ;ht Thousand C "S, 000.00) Dollars in cash in full settleffient and satisfaction of any and all claims for damages done or property ta7Ten on account of the construction, maintenance or operation of said underpass. The City of Lubbock further a: ;Tees as a part of the consideration for said settlement to pass an ordinance closin_; and vacating that ;portion of Fifth Street and Avenue H lyim. betTeen the vest retaining; wall of the underpass and the west boundary line of Avenue H, and extending from the center line of Fifth Street south to the north boundary line of the 1 an. .andle & Santa Fe. Ra.ilwa,77 Company right of ?gay. The City of Lubbock further agrees that it will cause to be removed from Avenue H the loading platfor.-ii and ,:lock adjoining the east wall of the Peoples Ice Coirpany buildin`, for a. distance of deet north. from the southeast corner of said building, and that it will not at any time i_ t1 -'e future permit any encroE�chment upon or obstruction by loading platforMs, docks, or other obstructions 040931A of that part of Avenue H lying between the west retaining Tall of the underpass and the "Nest boundary line of Avenue H, for a distance OfI7-1 feet from the center line of Fifth Street to the point f? -9L feet north of said center line. The City reserved unconditionally the right at all times to con- struct, maintain and operate its utility lines, especially light lines, and to grant similar rights and franchises to public utility lines in, upon, under, over or across said street Tithout cost or damage to itself or grantees or public utility privileges, a�_ree- ing however, that no obstructions shall be placed in the street interfering with free ingress and egress to the Swift and Company propert-Y . For and in consideration of the pa_lr-rr.ent of said Eight Thousand ("f8.000.00) Dollars in cash, and the closing of the portion of Fifth Street and Avenue H. and the agreement to keep the above described portion of Avenue N free fro:�� obstruction or encroachment the said Swift and Com.cany, Incorporated, agrees to release the City of Lubbock and the P & NT T Ry Company and the Panhandle & Santa Fe Pa.ilway Coiirpa.ny from all claims for damages done or property taken on account of the construction, maintenance or operation of said railroad underpass over, upon, along or across said Avenue H in the city of Lubbock, Texas. Vvitness our hands this the 9th day of April, A.D. 1931. d++cnr+ The City of Luo'bock, wift and Company, Incorporated, Its 'Attorney .