HomeMy WebLinkAboutResolution - 4800 - Street Use License - WTMC - Subsurface Fiberoptic Communication Cable - 04_13_1995Resolution No. 4800
April 13, 1995
Item #19
RESOLUTION
WHEREAS, WEST TEXAS MICROWAVE COMPANY of Austin, Texas (herein
called "Licensee") and the City of Lubbock (herein called "Licensor") entered into a Street
Use License Agreement which is dated June 22, 1989, City of Lubbock Resolution 3129, for
the purpose of Licensee constructing and maintaining a subsurface fiberoptic communication
cable in a dedicated public street and alley as therein described, said Street Use License is
incorporated by reference into this Resolution as if written in detail in this place; and
WHEREAS, said Licensee has requested the Licensor for an amendment to the terms
of said Street Use License to cover an additional tract of land (which is also part of a
dedicated public street and alley) to be used for the purposes hereinafter set forth; and
WHEREAS, Licensor after consideration of the matter finds such request will not
discommode the public in the use of said dedicated public street and alley and such request
should be granted as hereinafter set forth; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT in addition to the existing tract of land already licensed to the
Licensee for construction and maintenance of a subsurface fiberoptic communication cable,
the following additional tract is added by this amendment to said Street Use License as an
additional tract of land licensed to Licensee for the purposes as hereinafter stated:
BEGINNING AT A POINT in the City of Lubbock Right -of -Way on the West side of
Avenue A on the North side of the East-West alley between 51 st and 52nd Street;
THENCE continuing West from Avenue A along the North side of the East-West alley
to a point in the West Right -of -Way line of Avenue D;
THENCE North across 51st, 50th, 49th, 48th, 47th, 46th, 45th, 44th, 43rd, and 42nd,
Streets, to a point in the North Right -of -Way line of 42nd Street, just West of Avenue
D;
THENCE West along the North Right -of -Way line of 42nd Street at its intersection
with Avenue D to a point in the East Right -of -Way line of Avenue J;
THENCE Northward along the East Right -of -Way line of Avenue J to a point just
South of 38th Street;
THENCE Westward crossing Avenue J to a point in the West Right -of -Way of
Avenue J, just South of 38th Street;
THENCE North along the West Right -of -Way line of Avenue J to a point in the North
Right -of -Way of 32nd Street;
THENCE West along the North Right -of -Way line of 32nd Street to a point in the
West Right -of -Way of Avenue M;
THENCE Northward along the West Right -of -Way line of Avenue M, to a point in
the North side of the East-West alley just South of 31 st Street;
THENCE West along the North side of the East-West alley South of 31 st Street just
West of Avenue M to a point in the West Right -of -Way of Avenue N;
THENCE North along the West Right -of -Way of Avenue N to a point in the North
side of the East-West alley between 24th Place and 24th Street;
THENCE West along the North side of the East-West alley to a point in the East
Right -of -Way line of Avenue P just North of 24th Place;
THENCE North along the East Right -of -Way line of Avenue P to a point in the West
side of the North -South alley between 18th Street and 19th Street;
THENCE East across the alley to a point in the East side of the North -South alley
mentioned above;
THENCE North along the East side of the North -South alley North of 19th Street to a
point in the North Right -of -Way of 17th Street;
THENCE East along the North Right -of -Way of 17th Street to a point in the East
Right -of -Way of the North -South alley between Avenue K and Avenue J;
THENCE North along the East line of the North -South alley to a point in the North
Right -of -Way line of the East-West alley between Avenue K and Avenue J, North of
Broadway;
THENCE West along the North side of the East-West alley North of Broadway and
West of Avenue J to a point West of the North -South alley between Avenue K and
Avenue L;
THENCE South to the Metro Tower Building.
Said additional tract is to be used by the Licensee for the construction and
maintenance of an overhead fiberoptic communication cable.
SECTION 2. THAT by Licensee's payment to Licensor of the additional sum of SIX
THOUSAND FOUR HUNDRED FIFTY-TWO AND 60/100 DOLLARS ($6,452.60), and
acceptance of said additional consideration by Licensor as additional compensation for the
licensing of said additional tract (being part of a dedicated street and alley as hereinabove
stated), Licensee accepts all the terms of the existing Street Use License as applying to the
additional tract of land hereby licensed to Licensee. Such acceptance by Licensee of the terms
of said Street Use License as applying to said additional tract of land is further made by
2
Licensee by constructing and maintaining the overhead fiberoptic communication cable as
aforesaid. The term of the Street Use License shall terminate at the same time as originally
provided in said Street Use License Agreement.
SECTION 3. THAT except as hereby amended, the terms of said Street Use License
shall remain the same, and as hereby amended is hereby ratified and confirmed by Licensor
by passage of the Resolution and by Licensee's acceptance of the terms of this Resolution as
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Passed by the City Council on
ATTEST:
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Betty M. Johnson, ity Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
I 0rL�
J artsell, Assistant City Attorney
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July 14, 1994